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2025 DAILYLAW 32751 (ALL)

SUBHAS AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA528/9886/2025 · 2025-05-04

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:70907 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 9886 of 2025 Applicant :- Subhas And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajeev Kumar Srivastava,Saagar Srivastava 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 for quashing non-bailable warrant order dated 01.10.2019 passed by learned Chief Judicial Magistrate, Mathura in Case No.3438/IX/04 (State vs. Naran Singh and Others) under section 60 of U.P. Excise Act, Police Station- Aabkari Vibhag, District- Mathura as well as to quash the entire proceedings of above- mentioned case, pending in the court of learned Chief Judicial Magistrate, Mathura. 3. Learned counsel for applicants submits that impugned non- bailable warrant 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 hereby directed to appear before learned court concerned in pursuance to non-bailable warrant order dated 01.10.2019 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 :- 5.5.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad