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2025 DAILYLAW 32636 (ALL)

USMAN KHAN v. STATE OF U.P. AND ANOTHER

NA528/9414/2025 · 2025-03-23

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:43050 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 9414 of 2025 Applicant :- Usman Khan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Azhar Hussain,Md. Ateef 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 30.10.2017 passed by learned Special Judge (DAA)/Additional Sessions Judge, Court No. 9, Agra in SST No. 393 of 2015 (State vs. Usman) arising out of Case Crime no. 203 of 2015, under section 3/25 Arms Act, Police Station Chhatta, District Agra. 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, applicantis directed to appear before the learned court concerned in pursuance to impugned N.B.W. order dated 30.10.2017 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