DHEER PAL AND ANOTHER v. STATE OF U.P. AND ANOTHER
NA528/16365/2025 · 2025-05-15
Saurabh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 52391 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 52391 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:83534 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 16365 of 2025 Applicant :- Dheer Pal And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shyam Singh Somvanshi 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 criminal proceeding arising out of non-bailable warrant order dated 02.02.2025 (State vs. Dheerpal & others) of Case no. 35 of 2018 in Case Crime no. 0551 of 2017 under Section 2/3 of Public Property Damage Act, 1984, PS- Kalan, District Shahjahanpur pending in court of learned Civil Judge, (J.D.), J.M. Jalalabad, Shahjahanpur.
3. At the very outset, learned counsel for applicants prayed to quash the entire proceeding and submitted that impugned NBW 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, since from perusal of instant application it is apparent that no cognizance order has been challenged and only NBW order has been challenged, once NBW has already been issued, applicant is directed to appear before the learned court concerned in pursuance to impugned NBW order dated 02.02.2025 within four weeks from today. Till four weeks from today, no coercive action shall be initiated against the applicants. After the expiry of aforesaid period of four weeks, learned concerned court is directed to proceed as per law.
6. With the aforesaid observation, the application is disposed of. Order Date :- 16.5.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad