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2025 DAILYLAW 35466 (ALL)

SHERA ALIAS SHER ALI v. STATE OF U.P. AND ANOTHER

NA528/11689/2025 · 2025-04-08

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:52301 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 11689 of 2025 Applicant :- Shera Alias Sher Ali Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rupendra Kumar Mishra Counsel for Opposite Party :- G.A.,Pranjal Mehrotra 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 of NBW order dated 17.09.2016 as well as order dated 13.12.2024 by which process under Section 82/83 has been issued against the applicant in S.S.T. No. 06 of 2012 (State of U.P. vs. Shera and others), arising out Case Crime no. 195 of 2011 under Section 379, 427, 411 I.P.C. and Section 136 of Electricity Act, Police Station Kanth, District Moradabad, pending in the court of learned Special Judge/Additional District Judge-4, Moradabad. 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 alongwith process under Section 82/83 has been issued against the applicant. 4. Per contra, learned A.G.A opposed the prayer sought through the instant application. 5. Considering the facts and circumstances of the matter, applicant is hereby directed to appear before the learned court concerned in pursuance to impugned orders dated 17.09.2016 within one month from today. Till one month from today, no coercive action shall be initiated against the applicant in pursuance of NBW order dated 17.09.2016 as well as order dated 13.12.2024. After the expiry of aforesaid period of one month, learned concerned court shall proceed as per law. 6. With the aforesaid direction, the application is disposed of. Order Date :- 9.4.2025 Vivek Kr. Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad