Extracted from the PDF above. The PDF is authoritative.
Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 15895 of 2025 Applicant :- Shankar @ Babu Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Mansur Ali Ansari Counsel for Opposite Party :- G.A. Hon'ble Vinod Diwakar,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. The present application under Section 482 Cr.P.C., has been filed for quashing the non-bailable warrant dated 16.04.2025 in Special Case No.95 of 2024 (State v. Shankar @ Bablu & others) arising out of Case Crime No.30 of 2023, under Sections 376, 511, 506, 354-Kha I.P.C. and Sections 9, 10, 18 of POCSO Act, Police Station Keoladiya, District Bareilly, pending in the Court of Special Judge, POCSO Act- I, Bareilly.
3. Learned counsel for the applicant confined his prayer only to recall the non-bailable warrant dated 16.04.2025. It has been argued by the learned counsel for applicant that non- bailable warrant issued against the applicant is against the
facts and law. The applicant could not appear before the trial Court on the date fixed, hence non-bailable warrants were issued against him by order dated 16.04.2025.
4. Per contra learned A.G.A has opposed the prayer.
5. Considering the facts and circumstances of the matter, it is
directed that in case the applicant appears and moves
appropriate application before the trial Court for recalling the
order of non-bailable warrant dated 16.04.2025, the same shall be decided expeditiously in accordance with law. For a period of three weeks or till the applicant moves an application before the trial Court, whichever is earlier, no coercive action shall be taken against the applicant. Further, the court shall not entertain the fictitious and repetitive personal exemption application, and if filed, the same shall be dismissed with reasonable costs.
6. The application is disposed of accordingly.
Order Date :- 28.5.2025 A.N. Mishra (Vinod Diwakar,J.) Digitally signed by :- AMARNATH MISHRA High Court of Judicature at Allahabad Digitally signed by :- AMARNATH MISHRA High Court of Judicature at Allahabad Digitally signed by :- AMARNATH MISHRA High Court of Judicature at Allahabad Digitally signed by :- AMARNATH MISHRA High Court of Judicature at Allahabad Digitally signed by :- AMARNATH MISHRA High Court of Judicature at Allahabad Digitally signed by :- AMARNATH MISHRA High Court of Judicature at Allahabad