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2025 DAILYLAW 68748 (ALL)

BRIJESH CHAUHAN v. STATE OF U.P. AND ANOTHER

NA528/22694/2025 · 2025-06-30

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:101476 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 22694 of 2025 Applicant :- Brijesh Chauhan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jagadish Prasad Yadav 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 14.12.2021 passed by learned Special Judge (Gangster Act)/Additional District and Session Judge, Court No.6, Gorakhpur in G.T. No.766 of 2018 (State vs. Jay Singh Chauhan and Others) arising out of Case Crime No.133 of 2017, under Section 3(1) of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1984, Police Station- Barhalganj, District- Gorakhpur as well as to quash the entire proceedings of abovementioned 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 14.12.2021 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 :- 1.7.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad