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2025 DAILYLAW 29803 (ALL)

IMRAN v. STATE OF U.P. AND 2 OTHERS

NA528/9328/2025 · 2025-03-23

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:43315 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 9328 of 2025 Applicant :- Imran Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Ravindra Kumar Yadav,Sandeep Kumar Yadav Counsel for Opposite Party :- G.A.,Narendra Kumar Tiwari Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for applicant, Sri Rakesh Kumar Mishra holding brief of Sri Narendra Kumar Tiwari, learned counsel for respondent no. 3 and learned AGA for State-respondent no. 1. 2. The present application under Section 528 BNSS, has been filed for quashing the non-bailable warrant dated 03.12.2021 passed by learned Additional District Judge, 4th, Muzaffar Nagar as well as entire criminal proceeding of Session Trial no. 230 of 2014 (State vs. Asif and others) arising out of Case Crime no. 05 of 2014, under Section 136/5 Electricity Act and Section 411 IPC, Police Station Kakrauli, District Muzaffar Nagar, pending in the court of Additional District Judge, 4th, Muzaffar Nagar. 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 03.12.2021 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 :- 24.3.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad