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Neutral Citation No. - 2025:AHC:49298 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 11086 of 2025 Applicant :- Jitendra Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rama Shankar Tiwari,Vishwanath 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. At the very outset, learned counsel for the applicant confined his prayer for quashing non-bailable warrant issued against the applicant by learned Additional District Judge IIIrd, Gautam Budh Nagar in S.T. No.228 of 2012 (State vs. Ramesh and Others) arising out of Case Crime No.06 of 2008, under sections 147, 148, 149, 332, 333, 342, 353, 383, 336, 323, 326, 328, 307, 386, 506 I.P.C. and section 7 of Criminal Law Amendment Act at Police Station- Jarcha, District- Gautam Budh Nagar.
3. Learned counsel for applicant submits that impugned non- bailable warrant 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 hereby directed to appear before learned court concerned in pursuance to non-bailable warrant issued against him 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 :- 7.4.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad