RAJESH MOHAN SRIVASTAVA v. STATE OF U.P. AND ANOTHER
NA528/18576/2025 · 2025-05-22
Saurabh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 62547 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 62547 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:87986 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 18576 of 2025 Applicant :- Rajesh Mohan Srivastava Opposite Party :- State of U.P. and Another Counsel for Applicant :- Brijesh Kumar Srivastava,Krishna Datta Tiwari 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 order dated 30.11.2024 passed by learned Additional Civil Judge (S.D.)-II, Basti in Case No.597 of 2006 (State vs. Ram Prakash and Others) arising out of Case Crime No.10 of 2004, under Sections 419, 420, 467, 468, 471 I.P.C. and section 22 of U.P. Sugarcane (Regulation of Supply and Purchase) Act, 1953, Police Station- Munderawa, District- Basti as well as to quash the entire proceedings of above-mentioned trial.
3. Learned counsel for applicant submits that impugned non-bailable warrant 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. 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 30.11.2024 within three weeks from today, if the applicant appeared and preferred bail application within stipulated time, 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 :- 23.5.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad