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Neutral Citation No. - 2025:AHC:101485 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 22017 of 2025 Applicant :- Lokendra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Yogesh Dutta Mishra 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 N.B.W. order dated 17.09.2016 passed by learned Chief Judicial Magistrate, Jalaun at Orai in Criminal Case No. 990 of 2016 (State vs. Lokendra) arising out of Case Crime no. 926 of 2014, under section 4/21 of Mines and Mineral Act, Police Station Nadigaon, District Jalaun.
3. Learned counsel for applicant submits that impugned order is against the facts and law. The applicant has 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. Considering the facts and circumstances of the matter, applicant is directed to appear before the learned court concerned in pursuance to impugned N.B.W. order dated 17.09.2016 within three weeks from today.
6. Till three weeks from today, no coercive action shall be initiated against the applicant in pursuance of Criminal Case No. 990 of 2016 (State vs. Lokendra) arising out of Case Crime no. 926 of 2014, under section 4/21 of Mines and Mineral Act, Police Station Nadigaon, District Jalaun. After the expiry of aforesaid period of three weeks, learned concerned court is directed to proceed as per law.
7. With the aforesaid observation, the application is disposed of. Order Date :- 1.7.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad