Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 35550 (ALL)

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

NA528/11619/2025 · 2025-04-08

Saurabh Srivastava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:52318 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 11619 of 2025 Applicant :- Shera @ Sher Ali Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rupendra Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri R.K.Mishra, learned counsel for applicant, Sri Ram Chandra holding brief of Sri Pranjal Mehrotra, learned counsel for opposite party no. 2 and learned AGA for the State. 2. The present application under Section 528 BNSS, has been filed for quashing Non-Bailable Warrant order dated 17.09.2016 as well as process order (u/s 82/83 Cr.P.C.) dated 13.12.2024, continuous till 21.02.2025 passed by learned court of Special Judge/Additional District Judge-4, Moradabad in S.S.T no. 02 of 2012 (State vs. Shera and others) arising out of Case Crime no. 326 of 2011 under sections 411 IPC and Section 136 Electricity Act, PS- Dilari, District 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 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 17.09.2016 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 :- 9.4.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad