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2025 DAILYLAW 30892 (ALL)

DINESH KUMAR VASHISHTHA v. STATE OF U.P. AND ANOTHER

NA528/9424/2025 · 2025-03-23

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:43063 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 9424 of 2025 Applicant :- Dinesh Kumar Vashishtha Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sudhanshu Pandey 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 the N.B.W. order dated 23.08.2023 passed by learned Additional Chief Judicial Magistrate-I, Shahjahanpur in Case no. 948 of 2019 (State vs. Dinesh Kumar) arising out of Case Crime no. 0479 of 2017 under sections 409, 420 IPC and 3/7 of E.C. Act, Police Station Kalan, District Shahjahanpur. 3. Learned counsel for applicants 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 N.B.W. order dated 23.08.2023 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 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad