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Neutral Citation No. - 2025:AHC:82830 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 15445 of 2025 Applicant :- Ajit Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arvind Prabodh Dubey 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. passed by learned Special Judge Gangster Act/Additional Session Judge- 06, Gorakhpur in Session Case No. 890 of 2020 (State vs. Ramjeet Yadav and others) arising out of Case Crime no. 135 of 2019 under section 3(1) of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Gola, District Gorakhpur.
3. Learned counsel for applicant submits that impugned order is against the facts and law. The applicants had no knowledge about the proceedings initiated against them 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 within three weeks from today.
6. Till three weeks from today, no coercive action shall be initiated against the applicant in pursuance of Session Case No. 890 of 2020 (State vs. Ramjeet Yadav and others) arising out of Case Crime no. 135 of 2019 under section 3(1) of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Gola, District Gorakhpur. 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 :- 17.5.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad