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2025 DAILYLAW 28925 (ALL)

CHAMAN v. STATE OF U.P. AND ANOTHER

NA528/8331/2025 · 2025-03-16

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:37514 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 8331 of 2025 Applicant :- Chaman Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajiv Sisodia,Shashank Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The present application under Section 528 BNSS, has been filed for quashing order dated 12.02.2025 by which non-bailable warrant has been issued against the applicant in Case no. 1739 of 2011 (State of U.P. vs. Chaman) in Case Crime no. 246 of 2010 under Section 60 of Excise Act and 272 I.P.C., Police Station Noorpur, District Bijnor. 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 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, applicant is directed to appear before the learned court concerned in pursuance to impugned order dated 12.02.2025 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 :- 17.3.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad