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2025 DAILYLAW 40461 (ALL)

GULFAN v. STATE OF U.P. AND ANOTHER

NA528/14578/2025 · 2025-04-28

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:67071 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 14578 of 2025 Applicant :- Gulfan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ambreesh Kumar 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 bailable warrant order dated 02.01.2025 passed by learned Chief Judicial Magistrate, Jalaun at Orai in Case No.557 of 2021 (State vs. Gulfan and Others) arising out of Case Crime No.43 of 2021, under Sections 4/25 Arms Act, Police Station- Kotwali Orai, District- Jalaun, including the charge-sheet dated 02.02.2021 and cognizance order dated 04.03.2021 as well as to quash the entire proceedings of above-mentioned case. 3. Learned counsel for applicant submits that impugned bailable warrant 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, 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 hereby directed to appear before learned court concerned in pursuance to bailable warrant order dated 02.01.2025 within three weeks from today. Till three weeks from today, no coercive action shall be initiated against the applicant. After the expiry of aforesaid period of three weeks, learned concerned court is directed to proceed as per law. 6. With the aforesaid observation, the application is disposed of. Order Date :- 29.4.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad