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Neutral Citation No. - 2025:AHC:82815 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 17156 of 2025 Applicant :- Jitendra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dharmendra Kumar Yadav 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 N.B.W. order dated 01.03.2025 as well as the proceeding under Section 82 Cr.P.C. issued by learned Special Judge (Gangster Act)/A.D.J, Ghaziabad in Special Case No. 1870 of 2021 (State vs. Jitendra and others) arising out of Case Crime no. 397 of 2019 under section 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Link Road, District Ghaziabad.
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 them 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. Considering the facts and circumstances of the matter, applicantis directed to appear before the learned court concerned in pursuance to impugned N.B.W. order dated 01.03.2025 within three weeks from today.
6. Till three weeks from today, no coercive action shall be initiated against the applicant in pursuance of Special Case No. 1870 of 2021 (State vs. Jitendra and others) arising out of Case Crime no. 397 of 2019 under section 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Link Road, District Ghaziabad. After the expiry of aforesaid period of three weeks, learned concerned court is directed to proceed as per law.
7. With the aforesaid observation, the application is disposed of. Order Date :- 16.5.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad