Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:28155 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 6602 of 2025 Applicant :- Dayashanker Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anil Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Vinod Diwakar,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. The present application under Section 482 Cr.P.C., has been filed for quashing the chargesheet dated 26.09.2013, cognizance/summoning order dated 12.11.2014, as well as entire proceedings of Case No. 92 of 2013 titled State v. Mewalal and Others, arising out of Case Crime No. 85 of 2013, under Sections 147, 148, 323, 307, 332, 353, 504, 506, 427, 341, 336, 120B I.P.C. and Section 7 of Criminal Law Amendment Act, P.S. Saraimemrez, District Prayagraj.
3. Outrightly, learned counsel for the applicant confines his prayer to stay the non-bailable warrant dated 04.10.2024 issued in the instant case. He submits that the applicant had no knowledge about the proceedings initiated against him due to which he could not appear on the date fixed by the trial Court, hence, non-bailable warrant was issued against the applicant.
4. Per contra, learned A.G.A opposed the prayer.
5. Considering the facts and circumstances of the matter, subject to deposit of Rs. 2,000/- by the applicant in favour of District Legal Services Authority, Prayagraj, it is directed that in case the
applicant appears and moves appropriate application before the trial Court for recalling the order dated 04.10.2024, the same shall be decided expeditiously in accordance with law. For a period of three weeks from today or till the applicant moves an application before the trial Court, whichever is earlier, no coercive action shall be taken against the applicant. Further, the Court shall not entertain the fictitious and repetitive personal exemption application, and if filed, the same shall be dismissed with reasonable costs.
6. With the aforesaid observation, the application is disposed of. Order Date :- 28.2.2025 Shafique Justice Vinod Diwakar Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad