DHARMENDRA SINGH KUSHWAHA AND ANOTHER v. STATE OF U.P. AND ANOTHER
NA528/15836/2025 · 2025-05-13
Saurabh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 53637 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 53637 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:79671 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 15836 of 2025 Applicant :- Dharmendra Singh Kushwaha And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shyam Sunder Maurya 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 entire proceeding of Criminal Case no. 5827 of 2002 (State vs. Nandlal and others) arising out of Case Crime no. 373 of 2022 under Section 292 IPC and 51/52A/56/63 of Copyrights Act, PS- Jangipur, District Ghazipur, pending in the court of Chief Judicial Magistrate, Ghazipur as well as charge sheet dated 26.07.2002 along with cognizance order dated 23.09.2002 passed by learned Chief Judicial Magistrate, Ghazipur as well as NBW dated 25.04.2023.
3. Learned counsel for applicants submits that impugned order is against the facts and law. The applicants 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 applicants.
4. Per contra, learned A.G.A opposed the prayer.
5. Considering the facts and circumstances of the matter, applicants are directed to appear before the learned court concerned in pursuance to impugned NBW order dated 25.04.2023 within three weeks from today. Till three weeks from today, no coercive action shall be initiated against the applicants. 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 :- 14.5.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad