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Neutral Citation No. - 2025:AHC:121300 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 22923 of 2025 Applicant :- Zakir Hasan Alias Zakir Hussain Opposite Party :- State of U.P. Counsel for Applicant :- Mohammad Zafar Yab Khan,Shahroze Khan Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. This application u/s 528 BNSS has been filed for quashing of the order dated 13.02.2024, passed by the learned Chief Judicial Magistrate, Siddharth Nagar in Criminal Case No. 1994 of 1992, Case Crime No. 31 of 1992 (State v. Aftab Alam and others), under Sections 323, 504, 506 of IPC, P.S.- Siddharth Nagar, District- Siddharth Nagar, pending in the court of learned Chief Judicial Magistrate, Siddharth Nagar, whereby Non-Bailable Warrants have been issued.
3. It is submitted by learned counsel for the applicant that applicant is facing trial in the aforesaid case since the year 1992 and he was appearing before the trial court. It was stated that on 13.02.2024, the applicant could not appear before the trial court due to some urgency and the court concerned has issued Non- Bailable Warrant against him, without issuing summon or bailable warrant. Learned counsel for the applicant submitted that the appellant would appear before the trial court concerned and a direction may be made to the court concerned to decide the application for cancellation of warrants expeditiously in accordance with law.
4. In view of the aforesaid, it is directed that in case applicant appears before the trial court concerned within a period of three weeks from today and applies for cancellation of warrants or for bail, the same shall be considered and decided expeditiously in accordance with law, and also keeping in view the fact that the applicant is facing trial since the year 1992. For a period of three weeks from today or till the applicant appears before the court concerned, whichever is earlier, no coercive action shall be taken against the applicant in the aforesaid case.
5. The application u/s 528 BNSS is finally disposed of in above terms. Order Date :- 23.7.2025 Rama Kant Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad