Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:73329 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 15915 of 2025 Applicant :- Ashok Singh Kaushik Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manoj Kumar Dwivedi 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. This application under section 528 BNSS has been preferred for quashing charge-sheet dated 28.08.2004, cognizance/summoning
order dated 16.12.2004 and non-bailable warrant dated 17.06.2009 passed by learned Special Judge, SC/ST Act, Gorakhpur as well as the entire proceedings of Case Crime No.1937 of 2003, under section 3(1) of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986.
3. At the very outset, learned counsel for applicant submits with regard to impugned non-bailable warrant order, which 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 him.
4. Per contra, learned A.G.A opposed the prayer.
5. Be that as it may, without interfering into the merits of matter, applicant is hereby directed to appear before learned court concerned in pursuance to non-bailable warrant order dated 17.06.2009 within one month from today. Till one month from today, no coercive action shall be initiated against the applicant. After the expiry of aforesaid period of one month, learned concerned court is directed to proceed as per law.
6. With the aforesaid observation, the application is disposed of.
Order Date :- 7.5.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad