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Neutral Citation No. - 2025:AHC:50850 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 11476 of 2025 Applicant :- Mukesh Mishra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mukesh Kumar Pandey 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 the N.B.W. order dated 07.11.2024 passed by learned Special Judge (Gangster Act)/Additional District and Session Judge, Court No. 6, Gautam Budh Nagar in Case No. 33 of 2024 arising out of Case Crime no. 0257 of 2024 under section 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Ecotec IIIrd, District Gautam Budh Nagar.
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, applicantis directed to appear before the learned court concerned in pursuance to impugned N.B.W. order dated 07.11.2024 within 15 days from today.
6. Till 15 days from today, no coercive action shall be initiated against the applicant in pursuance of Case No. 33 of 2024 arising out of Case Crime no. 0257 of 2024 under section 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Ecotec IIIrd, District Gautam Budh Nagar. After the expiry of aforesaid period of 15 days, learned concerned court is directed to proceed as per law.
7. With the aforesaid observation, the application is disposed of. Order Date :- 8.4.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad