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Neutral Citation No. - 2025:AHC:89186 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 10284 of 2025 Applicant :- Lalit Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Atul Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Vinod Diwakar,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. The present application under Section 482 Cr.P.C., has been filed for quashing the Non Bailable Warrant dated 17.10.2024 passed by learned Additional District and Sessions Judge-III, Fast Track Court, District Bulandhshahr in Sessions Trial No.462 of 2020 (State v. Lalit Kumar) arising out of Case Crime No.348 of 2019, under Sections 376-B I.P.C., Police Station Sikandraba, District Bulandshahr.
3. Learned counsel for applicant submits that impugned order is against the facts and law. The applicant was ill and he was taking treatment 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, subject to deposit of Rs.5,000/- by the applicant in favour of District Legal Services Authority Bulandshahr. The applicant may appear and move an appropriate application before the trial Court for recalling the impugned order, the same shall be decided expeditiously in accordance with law. For a period of 3 weeks or till the applicant moves an application before the trial Court, whichever is earlier, no coercive action shall be taken against the applicant. Further, the Court shall not entertain the fictitious and repetitive personal exemption application, and if filed, the same shall be dismissed with reasonable costs.
6. With the aforesaid observation, the application is disposed of. Order Date :- 26.5.2025 / A.N. Mishra (Vinod Diwakar,J.) Digitally signed by :- AMARNATH MISHRA High Court of Judicature at Allahabad