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2025 DAILYLAW 31122 (ALL)

BRIJ KISHOR ALIAS BRAJESH KUMAR AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA528/9236/2025 · 2025-03-20

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:42111 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 9236 of 2025 Applicant :- Brij Kishor Alias Brajesh Kumar And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sangeeta Shukla,Sushil Kumar Chaturvedi Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the applicants and learned A.G.A. for the State. 2. The present application under Section 528 BNSS, has been filed against the impugned order of NBW dated 30.08.2018 passed by learned Additional Chief Judicial Magistrate-III, Agra in Criminal Case no. 161 of 2016 (State vs. Chanda and others) arising out of Case Crime no. 698 of 2015, under sections 332, 353, 307, 147, 148, 504, 506 IPC & 7 Criminal Law Amendment Act, Police Station- Tajganj, District- Agra. 3. Learned counsel for applicants submits that impugned order is against the facts and law. The applicants had no knowledge about the proceedings initiated against them due to which they could not appear on the date fixed by the trial Court, hence, non-bailable warrant was issued against the applicants. 4. Per contra, learned A.G.A opposed the prayer. 5. Considering the facts and circumstances of the matter, applicants are directed to appear before the learned court concerned in pursuance to impugned order dated 30.08.2018 within three weeks from today. Till three weeks from today, no coercive action shall be initiated against the applicants. After the expiry of aforesaid period of three weeks, learned concerned court is directed to proceed as per law. 6. With the aforesaid observation, the application is disposed of. Order Date :- 21.3.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad