Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 59505 (ALL)

MOHAMMAD TAHSEEN ALAM v. STATE OF U.P. AND ANOTHER

NA528/18380/2025 · 2025-05-21

Saurabh Srivastava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:86492 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 18380 of 2025 Applicant :- Mohammad Tahseen Alam Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ali Bin Saif 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 charge-sheet dated 30.09.2000 and the entire proceedings of Session Trial No.232 of 2011 (State vs. Tahseen Alam) arising out of Case Crime No.0540 of 2000, under Sections 307, 332, 353, 147, 342, 504, 395 I.P.C. and section 7 of Criminal Law Amendment Act, Police Station- Civil Lines, District- Aligarh, pending in the court of learned District and Session Judge, Aligarh. 3. At the very outset, learned counsel for applicant stated at bar that non-bailable warrant has been issued against the applicant and confined his prayer with regard to quashing of non-bailable warrant only, wherein he submits that impugned non- bailable warrant 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 issued against him within three weeks from today, if the applicant preferred his bail before learned court concerned, the same shall be considered on the same day, if possible. Till three weeks from today, no coercive action shall be initiated against the applicant. After the expiry of aforesaid period of three weeks, learned concerned court is directed to proceed as per law. 6. With the aforesaid observation, the application is disposed of. Order Date :- 22.5.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad