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2025 DAILYLAW 62735 (ALL)

AMIT KUMAR v. STATE OF U.P. AND ANOTHER

NA528/18610/2025 · 2025-05-22

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:87989 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 18610 of 2025 Applicant :- Amit Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mukesh Kumar Upadhyay 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 13.07.2022 as well as consequential order dated 01.04.2025 issued by learned Additional Session Judge, Court No.9, Aligarh in Case No.1500093 of 2016 (State vs. Amit Kumar) arising out of Case Crime No.640 of 2016, under Sections 21/22 of N.D.P.S. Act, Police Station- Civil Lines, District- Aligarh, 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 13.07.2022 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 :- 23.5.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad