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2025 DAILYLAW 70318 (ALL)

SANDIP KUMAR DIWAKAR v. STATE OF U.P. AND ANOTHER

NA528/23428/2025 · 2025-07-07

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:107552 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 23428 of 2025 Applicant :- Sandip Kumar Diwakar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Harish Chandra,Ram Chandra 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 to stay/suspend the Non-Bailable Warrant order dated 09.03.2021 onward passed by learned court of Additional Chief Judicial Magistrate-I, Varanasi in Criminal Case no. 1786/2019 (State vs. Chand Babu and others) in Case Crime no. 667 of 2019, under sections 279, 429, 307, 420, 419 IPC under sections 3/5A/8 of Prevention of Cow Slaughter Act, and under Section 11 of Prevention of Animal Cruelty Act. 3. Learned counsel for applicant submits that impugned 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. Considering the facts and circumstances of the matter, applicant is directed to appear before the learned court concerned in pursuance to impugned NBW order dated 09.03.2021 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 :- 8.7.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad