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Neutral Citation No. - 2025:AHC:31060 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 7151 of 2025 Applicant :- Rakesh Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pankaj Dwivedi 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 17.01.2024 Criminal Case No.1561 of 2021, arising out of Case Crime No. 171 of 2021, under Section 15(2) of Petroleum Mineral Pipelines Act, 1934, Section 3/4 of Explosive Substance Act 1908, Section 3/4 of Prevention of Damage to Public Property Act and Section 285 IPC, P.S. Chhata, District Mathura.
3. Learned counsel for applicant submits that impugned order is against the facts and law. The applicant was ill and he was taking treatment 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.5,000/- by the applicant in favour of District Legal Services Authority Mathura. The applicant may appear and move an 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