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2025 DAILYLAW 45147 (ALL)

GAURAV DIXIT v. STATE OF U.P. AND ANOTHER

NA528/18918/2025 · 2025-05-26

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:90673 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 18918 of 2025 Applicant :- Gaurav Dixit Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Yadav,Ruchi 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. This application under section 528 BNSS has been preferred to quash the bailable warrant order dated 01.12.2021 as well as summoning order dated 23.07.2018 passed by learned Special Judge, Gangster Act, Kanpur Nagar in Session Trial No.283 of 2003 (State vs. Gaurav Dixit) arising out of Case Crime No.268 of 2003, under section 3(1) of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, Police Station- Kotwali, District- Kanpur Nagar as well as to quash the entire proceedings of above-mentioned case. 3. Learned counsel for applicant submits that impugned bailable warrant issued 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. 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 bailable warrant order dated 01.12.2021 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 :- 27.5.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad