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2025 DAILYLAW 35354 (ALL)

GAJENDRA PAL SINGH v. STATE OF U.P. AND 2 OTHERS

NA528/10680/2025 · 2025-04-02

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:47857 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 10680 of 2025 Applicant :- Gajendra Pal Singh Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Anubhav Kumar Vats,Kuldeep Kumar Gupta Counsel for Opposite Party :- Baleshwar Chaturvedi,G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for applicant, Sri Alok Mishra, learned counsel for opposite party no. 3 and learned AGA for State. 2. The present application under Section 528 BNSS, has been filed for quashing the impugned charge sheet dated 16.10.2018 under Section 135 of the Indian Electricity Act (Amendment), 2003, Police Station Jalesar, District Etah filed in pursuance of the FIR dated 20.09.2018 registered as Case Crime no. 482 of 2018 in which cognizance has been taken on 11.04.2019 by learned Special Judge (Essential Commodities Act), Etah, the summoning order dated 11.04.2019 by learned Special Judge (Essential Commodities Act), Etah as well as the entire proceedings of Case no. 305 of 2019 "State vs. Gajendra Pal Singh" under Section 135 the Indian Electricity Act (Amendment), 2003, Police Station Jalesar, District Etah pending before learned Special Judge (Essential Commodities Act), Etah, arising out of Case Crime no. 482 of 2018. 3. Learned counsel for applicant after some argument, relinquished the prayer for quashment and submits that Non-Bailable Warrant has been issued against the applicant vide order dated 09.01.2024 in the present case. 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. However, applicant is ready to appear before the court concerned. 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 NBW order dated 09.01.2024 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 :- 3.4.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad