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Neutral Citation No. - 2025:AHC:89027 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 18868 of 2025 Applicant :- Abu Sayed Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amar Nath Tiwari,Bipin Kumar Pandey 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 13.06.2009, cognizance/summoning order dated 05.09.2009 and the non-bailable warrant order dated 17.02.2010 and order dated 10.03.2025 passed by learned Additional Chief Judicial Magistrate, Sonbhadra in Criminal Case No.2405 of 2013 (State vs. Kallu and Others) arising out of Case Crime No.269 of 2009, under sections 3/5A/8 of U.P. Prevention of Cow Slaughter Act and sections 3/11 of Prevention of Cruelty to Animals Act and sections 3/25 Arms Act, Police Station- Karma, District- Sonbhadra as well as to quash the entire proceedings of above-mentioned trial.
3. At the very outset, learned counsel for applicant confined his prayer with regard to non-bailable warrant issued against the applicant and submitted 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 17.02.2010 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 :- 26.5.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad