NINGTHOUJAM SOMORENDRO MEITEI v. STATE OF U.P. AND 3 OTHERS
NA528/13243/2025 · 2025-05-05
Saurabh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 44576 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 44576 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:72083 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 13243 of 2025 Applicant :- Ningthoujam Somorendro Meitei Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Sushil Kumar Tewari 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 has been filed for quashing order dated 04.04.2025 passed by learned Special Judge (POCSO Act), Court No.2, Moradabad in Session Trial No.568 of 2021 arising out of Case Crime No.8 of 2021, under Section 354A I.P.C. and Sections 7/8 of POCSO Act, Police Station- G.R.P. Moradabad, District- Moradabad, through which application dated 04.04.2025 preferred by applicant for recalling the non-bailable warrant dated 31.03.2023 has been rejected.
3. Learned counsel for applicant submits that the non-bailable warrant order issued against the applicant is against the facts and law since the applicant had no knowledge about the proceedings initiated against him due to which he could not appear on the date fixed by learned trial court as well as the impugned order passed by learned trial court is liable to be set-aside.
4. Per contra, learned A.G.A opposed the prayer as made in the application.
5. Be that as it may, without interfering into the merits of matter, applicant is hereby directed to appear before learned court concerned in pursuance to non-bailable warrant order dated 31.03.2023 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 :- 6.5.2025/Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad