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2025 DAILYLAW 27087 (ALL)

REEKESH KUMAR YADAV v. STATE OF U.P. AND ANOTHER

NA528/7706/2025 · 2025-03-09

Vinod Diwakar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:34330 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 7706 of 2025 Applicant :- Reekesh Kumar Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prateek Shukla 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 20.05.2024 passed by the learned Additional Sessions Judge, Court No. 2, Mathura in Sessions Trial No. 158 of 2024 titled State v. Aditya Kumar Rai and Others, arising out of Case Crime No. 574 of 2023, under Sections 399, 402, 307, 120-B, 34 I.P.C. and Section 3/4/25/27 Arms Act, registered at P.S. Vrindavan, District Mathura. 3. It has been argued by the learned counsel for applicant that impugned order is against the facts and law. The applicant could not appear before the trial Court on the date fixed, hence non- bailable warrants were issued against him by order dated 20.05.2024. 4. Per contra learned A.G.A has opposed the prayer. 5. Considering the facts and circumstances of the matter, the applicant is given liberty to appear and move appropriate application before the trial Court for recall of the order of non- bailable warrant dated 20.05.2024, the same shall be decided expeditiously in accordance with law. For a period of three 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. The application is disposed of accordingly. Order Date :- 10.3.2025 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