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Neutral Citation No. - 2025:AHC:56590 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 12721 of 2025 Applicant :- Vinay Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pramod Kumar Tripathi 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 27.08.2024 passed by learned Court of Additional Chief Judicial Magistrate-Ist, Banda in Case No. 88/IX/24 (State vs. Ataul Haq and others) arising out of Case Crime no. 166 of 2021, under section 379, 411 IPC and Section 4/21 Mines and Minerals Act, Police Station Pailani, District Banda.
3. Learned counsel for applicant submits that impugned N.B.W.
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, applicants are directed to appear before the learned court concerned in pursuance to impugned N.B.W. order dated 27.08.2024 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. 88/IX/24 (State vs. Ataul Haq and others) arising out of Case Crime no. 166 of 2021, under section 379, 411 IPC and Section 4/21 Mines and Minerals Act, Police Station Pailani, District Banda. 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 :- 17.4.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad