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2025 DAILYLAW 69169 (ALL)

HARENDRA AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA528/23425/2025 · 2025-07-07

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:107575 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 23425 of 2025 Applicant :- Harendra And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Garun Pal Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the applicants and learned A.G.A. for the State and perused the record. 2. This application has been filed by the applicants to quash the order dated 17.06.2022 passed by learned court of Additional Chief Judicial Magistrate, Court no. 1, Mathura in Case no. 531/IX of 2005 (State vs. Janki Prasad and others) arising out of Case Crime no. 29 of 2005, under Section 3/7 Essential Commodities Act, PS- Raya, District Mathura thereby Non-Bailable Warrant has been issued against the applicants and all consequential proceeding thereon. 3. Learned counsel for applicants submits that impugned order is against the facts and law. The applicants 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 applicants. 4. Per contra, learned A.G.A opposed the prayer. 5. Considering the facts and circumstances of the matter, applicants are directed to appear before the learned court concerned in pursuance to impugned NBW order dated 17.06.2022 within three weeks from today. Till three weeks from today, no coercive action shall be initiated against the applicants. 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 :- 8.7.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad