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2025 DAILYLAW 58630 (ALL)

SHIV BABU @ MUNNA v. STATE OF U.P. AND ANOTHER

NA528/17338/2025 · 2025-05-16

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:82798 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 17338 of 2025 Applicant :- Shiv Babu @ Munna Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anil Kumar Mishra 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 issued against the applicant on dated 11.01.2018 in Session Trial No.997 of 2016 (State vs. Ravi Shatrughan and Others) arising out of Case Crime No.16 of 2005, under Sections 147, 148, 149, 307, 332, 353, 504, 506, 286, 436, 427 I.P.C. and section 7 of Criminal Law Amendment Act and sections 3/4 of Prevention of Damage to Public Property Act, Police Station- Holagarh, District- Prayagraj, pending before learned court of Additional District Judge-14, Allahabad. 3. Learned counsel for applicant submits that impugned non- bailable warrant issued against the applicant 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 order dated 11.01.2018 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 :- 17.5.2025/Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad