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2025 DAILYLAW 33471 (ALL)

MOHAMMAD IRFAN v. STATE OF U.P. AND ANOTHER

NA528/11498/2025 · 2025-04-07

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:50823 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 11498 of 2025 Applicant :- Mohammad Irfan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Azhar Hussain,Ravitendra Pratap Singh Chandel 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 to set aside the N.B.W. order dated 08.10.2024 passed by learned Chief Judicial Magistrate, Agra in Criminal Case No. 7120 of 2023 arising out of Case Crime no. 246 of 2022 under section 3/4 of Gambling Act, Police Station Hariparwat, District Agra. 3. Learned counsel for applicant 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 08.10.2024 within 15 days from today. 6. Till 15 days from today, no coercive action shall be initiated against the applicant in pursuance of Criminal Case No. 7120 of 2023 arising out of Case Crime no. 246 of 2022 under section 3/4 of Gambling Act, Police Station Hariparwat, District Agra. After the expiry of aforesaid period of 15 days, learned concerned court is directed to proceed as per law. 7. With the aforesaid observation, the application is disposed of. Order Date :- 8.4.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad