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Neutral Citation No. - 2025:AHC:83959 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 16614 of 2025 Applicant :- Shamshad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd. Jamshed Khan 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 impugned order issuing NBW dated 08.11.2024 as well as its consequential orders passed by learned trial court (learned Additional District Judge/Special Judge (Gangster Act), Varanasi) and the entire proceedings of S.T. no. 1141 of 2021 (State vs. Nagendra Kumar Yadav) arising out of Case Crime no. 123 of 2020 under Section 3(1) U.P.Gangster and Anti-Social Activities (Prevention) Act, 1986, PS- Mirzamurad, District Varanasi.
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 was issued against the applicant.
4. Per contra, learned A.G.A opposed the prayer.
5. Considering the facts and circumstances of the matter, applicant is directed to appear before the learned court concerned in pursuance to impugned order dated 08.11.2024 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 :- 19.5.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad