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Neutral Citation No. - 2025:AHC:77657 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 16727 of 2025 Applicant :- Khushi Paul Opposite Party :- State of U.P. and Another Counsel for Applicant :- Upendra Kumar Tiwari 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 non-bailable warrant dated 17.10.2023 issued by learned Special Chief Judicial Magistrate, Kanpur Nagar against the applicant in Case No.19276 of 2022 (State vs. Khushi Khatun @ Fatima Khatun @ Khushi Paul) arising out of Case Crime No.109 of 2022, under Sections 14, 14A of Foreigners Act, 1946 and sections 420, 467, 468, 471, 120B I.P.C., Police Station- Naubasta, District- Kanpur Nagar.
3. Learned counsel for applicant submits that the impugned non- bailable warrant 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. 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 dated 17.10.2023 within 15 days from today. Till 15 days from today, no coercive action shall be initiated against the applicant. After the expiry of aforesaid period of 15 days, learned concerned court is directed to proceed as per law.
6. With the aforesaid observation, the application is disposed of. Order Date :- 13.5.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad