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2025 DAILYLAW 26385 (ALL)

JITENDRA KUMAR v. STATE OF U.P.

NA528/8051/2025 · 2025-03-10

Vinod Diwakar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:35280 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 8051 of 2025 Applicant :- Jitendra Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Ram Chandra Solanki 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 23.11.2020 passed in Case No. 56 of 2008 titled State v. Pappu @ Salim and Others, arising out of Case Crime No. 136 of 2008, under Sections 147, 148, 149, 307 I.P.C. and Section 10/12 of D.A.A. Act, Police Station Ajeetmal, District Auraiya. 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, Auraiya. 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 :- 11.3.2025 Shafique Justice Vinod Diwakar Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad