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2025 DAILYLAW 69978 (ALL)

KAVINDRA v. STATE OF U.P. AND ANOTHER

NA528/23194/2025 · 2025-07-31

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:129026 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 23194 of 2025 Applicant :- Kavindra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rishabh Shukla,Yogendra Nath Shukla 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. The present application under Section 528 of Bhartiya Nagarik Suraksha Sanhita (hereinafter referred to as 'BNSS') has been filed for quashing of the entire proceedings, including charge-sheet dated 05.01.2008 and cognizance / summoning order dated 25.01.2008, of criminal case no. 140/9 of 2008, arising out of case crime no. Nil of 2007, under Sections 41, 102 Cr.P.C. and Section 414 IPC, P.S. Civil Lines, District Muzaffarnagar, pending in the court of A.C.J.M., Court No. 3, Muzaffarnagar. 3. Learned counsel for the applicant submits that earlier applicant was on bail in this case and by order dated 12.05.2021 the case was transferred from the court of Additional Chief Judicial Magistrate, Court No. 2, Muzaffarnagar to the court of Additional Civil Judge (J.D.), Court No. 3, Muzaffarnagar but no notice or summon was issued to the applicant. Meanwhile Courts have remained closed for sufficient long period during COVID-19 pandemic period. It was submitted that without issuing any summon or bailable warrant, by order dated 03.02.2022 the trial court has issued non-bailable warrants against the applicant. Learned counsel submitted that applicant has gone to Mumbai for his livelihood and that no summon or warrants have been served upon him. It was submitted that the applicant is willing to appear before the trial court concerned and a direction may be made to the court concerned to decide the bail application of applicant expeditiously in accordance with law. 4. In view of the aforesaid, it is directed that in case applicant appears / surrenders before the trial court concerned within a period of two weeks from today and applies for bail, his bail application shall be considered and decided expeditiously in accordance with settled law. For a period of three weeks from today or till the applicant appears / surrenders before the court concerned, whichever is earlier, no coercive action shall be taken against the applicant in the aforesaid case. 5. The application under Section 528 BNSS is disposed of in above terms. Order Date :- 1.8.2025 Anand Digitally signed by :- ANAND VERMA High Court of Judicature at Allahabad