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Neutral Citation No. - 2025:AHC:54897 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 12271 of 2025 Applicant :- Sushil Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mukesh Ray 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 non-bailable warrant dated 29.07.2022 passed by learned Additional Chief Judicial Magistrate, Court no. 2, Allahabad in Case no. 3191 of 2001 (State vs. Virendra Tiwari and others) Case Crime no. 188/2001 under Section 3/7 Essential Commodities Act, PS- Civil Lines, District Allahabad pending before learned Additional Chief Judicial Magistrate, Court no. 2, Allahabad.
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 NBW order dated 29.07.2022 within 15 days from today. Till 15 days from today, no coercive action shall be initiated against the applicant. After the expiry of aforesaid period of 15 days, learned concerned court is directed to proceed as per law.
6. With the aforesaid observation, the application is disposed of. Order Date :- 15.4.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad