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2025 DAILYLAW 41149 (ALL)

RAJKUMAR v. STATE OF U.P. AND ANOTHER

NA528/12793/2025 · 2025-04-16

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:56543 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 12793 of 2025 Applicant :- Rajkumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashish Kumar Pandey,Nandini Mishra 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 order dated 26.02.2015 issued in Criminal Case No.1391 of 2013 (State vs. Rajkumar and Others) arising out of Case Crime No.123 of 2013, under Section 25 Arms Act, Police Station- Murad Nagar, District- Ghaziabad as well as to quash the entire proceedings of abovementioned case, pending in the court of learned Additional Civil Judge (J.D.), Court No.1, Ghaziabad. 3. Learned counsel for applicant submits that impugned non- 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 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 hereby directed to appear before learned court concerned in pursuance to non-bailable warrant order dated 26.02.2015 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 :- 17.4.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad