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Neutral Citation No. - 2025:AHC:68328 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 13779 of 2025 Applicant :- Javir Ali Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shailesh Kumar Mishra,Vinay 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 under Section 528 BNSS, has been filed for quashing of B.W. order dated 22.11.2024 issued against the applicant in Case No. 1530 of 2024 (State vs. Javir), arising out Case Crime no. 550 of 2022 under Section 3/7 Essential Commodities Act, Police Station Hafijganj, District Bareilly, pending in the court of learned Additional Chief Judicial Magistrate-I, Bareilly.
3. Learned counsel for applicant submitted that impugned bailable warrant's 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 learned trial court, hence, bailable warrant has been issued against the applicant.
4. Per contra, learned A.G.A opposed the prayer sought through the instant application.
5. Considering the facts and circumstances of the matter, applicant is hereby directed to appear before the learned court concerned in pursuance to impugned bailable warrant's order dated 22.11.2024 within three weeks from today. Till three weeks from today, no coercive action shall be initiated against the applicant in pursuance of BW order dated 22.11.2024. After expiry of aforesaid period, learned concerned court shall proceed as per law.
6. With the aforesaid direction, the application is disposed of. Order Date :- 30.4.2025/Vivek Kr. Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad