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2025 DAILYLAW 34583 (ALL)

AJEET RAI v. STATE OF U.P. AND ANOTHER

NA528/10400/2025 · 2025-03-31

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:44522 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 10400 of 2025 Applicant :- Ajeet Rai Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dhirendra Kumar Agrahari,Rajesh Pachauri 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 order dated 22.01.2025 passed by learned Additional Civil Judge (J.D.)/Judicial Magistrate, Court no. 6, Mathura by means of which court below issued non-bailable warrant against the applicant in Case no. 112334 of 2024 (State vs. Roshan Rai and others) arising out of Case Crime no. 163 of 2024 under sections 420, 467, 468, 471 IPC and Section 3/25, 25(7)(8) Arms Act, Police Station Mant, District Mathura. 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 order dated 22.01.2025 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 :- 1.4.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad