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Neutral Citation No. - 2025:AHC:89711 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 17685 of 2025 Applicant :- Megh Singh Opposite Party :- State of U.P. Counsel for Applicant :- Rama Shankar Mishra Counsel for Opposite Party :- G.A. Hon'ble Vinod Diwakar,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. The present application has been filed for quashing the entire proceedings as well as impugned non-bailable warrant dated 04.10.2024 issued by A.D.J./F.T.C., Court No. 1, Aligarh in S.T. No. 149 of 2017, titled State v. Megh Singh, arising out of Case Crime No. 532 of 2014, under sections 328, 376, 506 I.P.C., Police Station Delhi Gate, District Aligarh.
3. Learned counsel for the applicant confined his prayer only to recall the non-bailable warrant dated 04.10.2024. It has been argued by the learned counsel for applicant that non-bailable warrant issued against the applicant is against the facts and law. The applicant could not appear before the trial Court on the date fixed, hence non-bailable warrants were issued against him by
order dated 04.10.2024.
4. Per contra learned A.G.A has opposed the prayer.
5. Considering the facts and circumstances of the matter, it is
directed that in case the applicant appears and moves appropriate application before the trial Court for recalling the order of non- bailable warrant dated 04.10.2024, the same shall be decided expeditiously in accordance with law. For a period of 15 days or till the applicant moves an application before the trial Court, whichever is earlier, no coercive action shall be taken against the applicant. Further, the court shall not entertain the fictitious and repetitive personal exemption application, and if filed, the same shall be dismissed with reasonable costs.
6. The application is disposed of accordingly.
Order Date :- 26.5.2025/Shafique Vinod Diwakar, J. Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad