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2025 DAILYLAW 67438 (ALL)

MADAN GOPAL v. STATE OF U.P. AND ANOTHER

NA528/21396/2025 · 2025-07-06

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:106680 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 21396 of 2025 Applicant :- Madan Gopal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kartikey Singh Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Kartikey Singh, learned counsel for the applicant as well as Sri Kripa Shankar, learned AGA for the State. 2. This application u/s 528 of BNSS has been preferred to quash the non-bailable warrant dated 17.11.2022 (which is still continue) issued by Additional Chief Judicial Magistrate-1st, Mathura against the applicant in Case No.1516/IX of 2007 State Versus. Madan Gopal) Under Section 7/16 Prevention of Food Adulteration Act, Police Station-Baldeo, District-Mathura. 3. Learned counsel for the applicant has submitted that post inspection in the premises of the applicant on 25.04.2007 at 9:00 in the morning and the allegation that the samples equipment specification and on the basis of the analyst report dated 11.08.2017, a complaint purported to be under Section 17/16 of the Prevention of Food Adulteration Act, 1954 came to be lodged on 05.11.2007, charges were framed on 05.11.2011, however, the non- bailable warrants have been issued on 17.11.2022. Learned counsel for the applicant makes a limited prayer that the applicant herein submits that due to certain reasons beyond the control and comprehension of the applicant, the applicant could not present himself in drawing the proceedings. Learned counsel for the applicant submits that the applicant shall be filing a recall application for recalling of the non-bailable warrants. 4. Learned AGA has no objection to the same. 5. Considering the submission so made across the bar, the application stands disposed of directing the applicant to submit a recall application for recalling of the order dated 17.11.2022 by 31.07.2025. The court below shall decide the recall application and subject to the statutory compliance as mandated under the statute by the applicant whichever is necessary. 6. Till the disposal of the complaint, no coercive action shall be taken against the applicant in proceedings of Case No.1516/IX of 2007 State Versus. Madan Gopal) Under Section 7/16 Prevention of Food Adulteration Act, Police Station- Baldeo, District- Mathura, non-bailable warrant dated 17.11.2022 (which is still continue) issued by Additional Chief Judicial Magistrate-1st, Mathura against the applicant. Order Date :- 7.7.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad