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2025 DAILYLAW 23858 (ALL)

AMAN@ AMAN KUMAR YADAV v. STATE OF U.P. AND 3 OTHERS

NA528/7699/2025 · 2025-03-09

Vinod Diwakar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:35279 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 7699 of 2025 Applicant :- Aman@ Aman Kumar Yadav Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Shreesh Bahadur Tripathi Counsel for Opposite Party :- G.A. Hon'ble Vinod Diwakar,J. 1. Heard learned counsel for the applicant, learned AGA for the State-respondent, and perused the records. 2. The present application has been filed under Section 482 of Cr.P.C. seeking quashing of the impugned non-bailable warrant dated 23.8.2024 passed by the learned Special Judge (POCSO), Court No.3, District Ghaziabad, in Sessions Case No.3356 of 2023 (Criminal Case No.454 of 2023), titled State v. Aman, arising out of Case Crime No.1018 of 2023, under section 323, 354 IPC & 7/8 of POCSO Act, P.S. Sahibabad, District Ghaziabad, pending in the court of learned Special Judge, (POCSO), Court No.3, District Ghaziabad. 3. Learned counsel for the applicant submits that the impugned order is against the facts and law. He further submits that the applicant was unaware of the proceedings initiated against him and, as a result, failed to appear before the trial court on the date fixed. Consequently, non-bailable warrants were issued against him. 4. On the other hand, learned AGA opposes the applicant's submissions, asserting that the proceedings were initiated as per law and that the applicant's absence before the trial court warranted the issuance of non-bailable warrants. 5. After hearing the submissions of learned counsel for the applicant, learned AGA for State, and after going through the overall facts and circumstances of the case, this Court finds it appropriate to grant the applicant an opportunity to appear before the trial court and seek appropriate relief. 6. Accordingly, the instant application is disposed of with the following direction that if the applicant appears before the trial court and files a proper application for the recall of the impugned non-bailable warrants, the trial court shall expeditiously hear and decide the same in accordance with law subject to payment of cost of Rs.2000/- to be deposited in DLSA, Ghaziabad. No coercive action shall be taken against the applicant for 21 days from the date of this order or until he files the aforementioned application before the trial court, whichever is earlier. The trial court shall not entertain any frivolous or repetitive personal exemption applications. Any such applications, if filed, shall be dismissed with reasonable costs imposed on the applicant. Order Date :- 10.3.2025 Prajapati Justice Vinod Diwakar Digitally signed by :- RAMKESH PRAJAPATI High Court of Judicature at Allahabad