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2025 DAILYLAW 54339 (ALL)

YOGESH CHAUHAN v. STATE OF U.P. AND ANOTHER

NA528/15865/2025 · 2025-05-14

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:82437 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 15865 of 2025 Applicant :- Yogesh Chauhan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manoj Kumar Singh 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 N.B.W. order dated 21.04.2022 passed by learned Special Judge (Gangster Act)/Addl. Session Judge, FTC-1, Mau in Gangster Trial No. 11 of 2015 (State Vs. Mohar Singh and others), arising out Case Crime no. 679 of 2014 under Section 3(1) of Gangster Act, Police Station Mohammadabad, District Mau. 3. Learned counsel for applicant submits that impugned 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 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 order of NBW dated 21.04.2022 within three weeks from today. Till three weeks from today, no coercive action shall be initiated against the applicant in pursuance of NBW order dated 21.04.2022. After expiry of aforesaid period of three weeks, learned concerned court shall proceed as per law. 6. With the aforesaid direction, the application is disposed of. Order Date :- 15.5.2025 Vivek Kr. Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad