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Neutral Citation No. - 2025:AHC:36096 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 8189 of 2025 Applicant :- Kamil Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashok Kumar Singh Bais Counsel for Opposite Party :- G.A. Hon'ble Vinod Diwakar,J.
1. Heard learned counsel for the applicant, learned AGA for the State-respondent, and perused the records.
2. The present application has been filed under Section 482 of Cr.P.C. seeking quashing of charge-sheet dated 29.03.2003 alongwith cognizance order dated 22.05.2004 passed by Additional Chief Judicial Magistrate-IInd, Muzaffar Nagar as well as entire proceedings of Criminal Case No. 2822 of 2003, titled State v. Kamil, arising out of Case Crime No. 173 of 2003, under Section 25/4 of Arms Act, registered at P.S. Civil Lines, District Muzaffar Nagar.
3. Outrightly, learned counsel for the applicant confines his prayer to stay the non-bailable warrant dated 04.01.2005 issued in the instant case. He submits that the non-bailable warrant
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 non- bailable warrants, the trial court shall expeditiously hear and decide the same in accordance with law subject to payment of cost of Rs.10,000/- to be deposited in DLSA, Muzaffar Nagar. 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 :- 12.3.2025 Shafique Justice Vinod Diwakar Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad