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2025 DAILYLAW 24156 (ALL)

RAM BRAJESH YADAV ALIAS PAPPU v. STATE OF U.P. AND ANOTHER

NA528/6765/2025 · 2025-03-02

Vinod Diwakar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:29080 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 6765 of 2025 Applicant :- Ram Brajesh Yadav Alias Pappu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kamlesh Singh 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 23.10.2008, cognizance order dated 28.01.2011, as well as entire proceedings of Criminal Case No. 04 of 2011, titled State v. Suresh Babu and Others, arising out of Case Crime No. 99 of 2008, under Section 3/7 of the Essential Commodities Act, registered at P.S. Baidpura, Distrit Etawah, pending in the Court of learned Additional Chief Judicial Magistrate-1st, Etawah. 3. Outrightly, learned counsel for the applicant confines his prayer to stay the non-bailable warrant as well as proceedings initiated under Section 82 Cr.P.C. dated 26.06.2023 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 as well as proceedings under Section 82 Cr.P.C. were initiated 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. 5,000/- by the applicant in favour of District Legal Services Authority Etawah, the applicant is given liberty to appear and move appropriate application before the trial Court for recalling the order dated 26.06.2023, 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. The applicant shall give an undertaking before the trial Court the he would appear on each and every date, failing which the bail bonds shall be forfeited and trial would be expedited. 6. With the aforesaid observation, the application is disposed of. Order Date :- 3.3.2025 Shafique Justice Vinod Diwakar Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad