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2025 DAILYLAW 33515 (ALL)

NARVADA PRASAD ALIAS NARBADA YADAV AND 4 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/11187/2025 · 2025-04-06

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:49914 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 11187 of 2025 Applicant :- Narvada Prasad Alias Narbada Yadav And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mayank Maurya 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. This application under section 528 BNSS has been preferred to quash the impugned charge-sheet dated 28.05.2011 and summoning/cognizance order dated 04.06.2012 including the entire proceedings of Case No. 2691 of 2012 (State vs. Narvada Prasad and others) arising out of Case Crime No. 419 of 2010, under sections 147, 148, 149, 395, 397, 332, 353, 427, 171Cha IPC, Section 130/135 of Representation of the People Act and Section 7 of Criminal Law Amendment Act, P.S. Sarai Akil, District-Kaushambi as well as to stay the further proceedings of abovementioned case. 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 he 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 N.B.W. order dated 18.11.2024 within one month from today. 6. Till one month from today, no coercive action shall be initiated against the applicants in pursuance of Case No. 2691 of 2012 (State vs. Narvada Prasad and others) arising out of Case Crime No. 419 of 2010, under sections 147, 148, 149, 395, 397, 332, 353, 427, 171Cha IPC, Section 130/135 of Representation of the People Act and Section 7 of Criminal Law Amendment Act, P.S. Sarai Akil, District-Kaushambi. After the expiry of aforesaid period of one month, learned concerned court is directed to proceed as per law. 7. With the aforesaid observation, the application is disposed of. Order Date :- 7.4.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad