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2025 DAILYLAW 43247 (ALL)

NEMICHAND v. STATE OF U.P. AND ANOTHER

NA528/13200/2025 · 2025-05-04

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:71473 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 13200 of 2025 Applicant :- Nemichand Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jai Raj 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 21.08.2014 to 10.12.2024 passed by learned Additional District Judge (Gangster Act), Court No. 3, Agra in G.S.T. No. 150 of 2005 (State vs. Chhote Dhobi and others) arising out of Case Crime no. 482 of 2005 under section 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station New Agra, District 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 N.B.W. order dated 21.08.2014 to 10.12.2024 within three weeks from today. 6. Till three weeks from today, no coercive action shall be initiated against the applicant in pursuance of G.S.T. No. 150 of 2025 (State vs. Chhote Dhobi and others) arising out of Case Crime no. 482 of 2005 under section 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station New Agra, District Agra. After the expiry of aforesaid period of three weeks, learned concerned court is directed to proceed as per law. 7. With the aforesaid observation, the application is disposed of. Order Date :- 5.5.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad