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Neutral Citation No. - 2025:AHC:51380 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 11394 of 2025 Applicant :- Gopal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Jatan Yadav 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 non-bailable warrant dated 27.01.2020 as well as entire proceeding of Sessions Trial no. 735 of 2017 (State vs. Gopal and others) arising out of Case Crime no. 595 of 2013 under sections 147, 307, 323, 332, 153, 353, 504, 506 IPC and Section 7 Criminal Law Amendment Act, PS- Tajganj, District- Agra pending before the court of learned Additional District Judge, 30th, Agra.
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 27.01.2020 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 :- 8.4.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad