Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:106541 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 19931 of 2025 Applicant :- Ashok Opposite Party :- State of U.P. Counsel for Applicant :- Shiv Kumar,Vikram Kumar 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 the
order dated 12.05.2025 as well as non-bailable warrant issued against the applicant vide order dated 12.03.2012 passed by learned Judicial Magistrate, Kaushambi in Case no. 2446 of 2008 (State vs. Ashok) arising out of Case Crime no. 190 of 2008 under Section 25 of Arms Act, PS- Pipri, District Kaushambi pending in court of learned Judicial Magistrate, Kaushambi.
3. It is submitted by learned counsel for applicant that NBW has already been issued way back in the year 2012 but the same has been brought to the notice of applicant in the month of March, 2021 and the applicant is ready to appear before learned court concerned but at the same time, it is submitted that proceeding under Section 82 and 83 Cr.P.C. has already been initiated against the applicant.
4. Per contra, learned A.G.A opposed the prayer.
5. Considering the innocuous prayer made through the instant application, just for giving a breathing time for appearing before learned court concerned for cooperating with the learned trial court, three weeks time from today is hereby extended in favour of applicant to put his appearance before learned court concerned in pursuance to Case no. 2446 of 2008 arising out of Case Crime no. 190 of 2008. Till three weeks from today, no coercive action shall be initiated against the applicant.
6. The application u/s 528 BNSS stands disposed of accordingly.
Order Date :- 7.7.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad