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Neutral Citation No. - 2025:AHC:31930 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 7312 of 2025 Applicant :- Sumit Opposite Party :- State of U.P. Counsel for Applicant :- Byas Kumar Prasad,Pradeep Kumar Keshri 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 Non Bailable Warrant dated 08.12.2024, in Criminal Case No.12946 of 2021, titled State v. Sumit, arising out of Case Crime No. 227 of 2014, u/s 60/72 Excise Act, P.S. Jani, District Meerut, pending in the court of Chief Judicial Magistrate, Court No.4th, Meerut.
3. Learned counsel for applicant submits that impugned order is against the facts and law. The applicant had no knowledge about the proceedings initiated against him due to which they 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. 3,000/- by the applicant in favour of District Legal Services Authority Meerut, it is directed that in case the applicant appears and moves appropriate application before the trial Court
for recalling the impugned order, the same shall be decided expeditiously in accordance with law. For a period of 3 weeks 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 :- 5.3.2025 A. Tripathi Justice Vinod Diwakar Digitally signed by :- AKHILESH TRIPATHI High Court of Judicature at Allahabad