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Neutral Citation No. - 2025:AHC:84685 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 17878 of 2025 Applicant :- Athar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Akhilesh Srivastava,Saksham Srivastava 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 on dated 08.04.2025 by learned Additional District Judge (Gangster Act), Aligarh along with proceedings for proclamation under section 82 Cr.P.C. in G.S.T. No.756 of 2010 (State vs. Kafil and Others) arising out of Case Crime No.18 of 2003, under Sections 2/3 of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, Police Station- Kotwali, District- Aligarh as well as to quash the entire proceedings of abovementioned trial.
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 issued on dated 08.04.2025 within three weeks from today. 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 :- 20.5.2025/Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad