SHIV PRASAD AND ANOTHER v. STATE OF U.P. AND ANOTHER
NA528/7087/2025 · 2025-05-05
Saurabh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 24832 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 24832 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:72732 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 7087 of 2025 Applicant :- Shiv Prasad And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Siya Ram Sahu Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for the applicants and learned A.G.A. for the State.
2. The present application under Section 528 BNSS has been filed for quashing charge-sheet dated 26.03.2017, cognizance/summoning order dated 18.09.2017 passed by learned Additional Chief Judicial Magistrate-II, Banda and the entire proceedings of Case No.2042/IX/2017 (State vs. Ashish Kumar and Others) arising out of Case Crime No.74 of 2017, under Sections 379, 411, 120B I.P.C. and Sections 4/21 of The Mines and Minerals (Development and Regulation) Act, 1957, Police Station- Atarra, District- Banda as well as to quash the non-bailable warrant order dated 31.03.2023 issued against the applicants.
3. At the very outset, learned counsel for applicants submits with regard to only impugned non-bailable warrant order that it is against the facts and law. The applicants had no knowledge about the proceedings initiated against them due to which they could not appear on the date fixed by the trial court, hence, non-bailable warrant was issued against the applicants.
4. Per contra, learned A.G.A opposed the prayer as made by learned counsel for applicants.
5. Be that as it may, without interfering into the merits of matter, applicants are hereby directed to appear before learned court concerned in pursuance to non- bailable warrant order dated 31.03.2023 within one month from today. Till one month from today, no coercive action shall be initiated against the applicant. After the expiry of aforesaid period of one month, learned concerned court is directed to proceed as per law.
6. With the aforesaid observation, the application is disposed of. Order Date :- 6.5.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad