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Neutral Citation No. - 2025:AHC:68088 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 13757 of 2025 Applicant :- Pradeep Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gopal Prajapati,Manoj Kumar 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 has been filed for quashing non-bailable warrant order dated 07.05.2024 passed by learned Additional Chief Judicial Magistrate-3rd, Saharanpur in Case No.2323 of 2024 (State vs. Pawan and Others) arising out of Case Crime No.44 of 2015, under sections 420, 467, 468, 471, 272, 273 I.P.C. and section 60 of U.P. Excise Act, Police Station- Sarsava, District- Saharanpur.
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 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 hereby directed to appear before learned court concerned in pursuance to non-bailable warrant order dated 07.05.2024 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 :- 30.4.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad