HARISH CHANDRA NUNIA ALIAS HARISH CHANDRA CHAUHAN v. STATE OF U.P. AND ANOTHER
A482/1538/2025 · 2025-04-07
Saurabh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 7055 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 7055 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:51093 Court No. - 74 Case :- APPLICATION U/S 482 No. - 1538 of 2025 Applicant :- Harish Chandra Nunia Alias Harish Chandra Chauhan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kashi Nath Singh 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 482, has been filed for quashing the order of non-bailable warrant and process under Section 82 Cr.P.C. dated 22.09.2024 passed by learned Additional Sessions Judge/Special Judge (E.C. Act/Gangster Act), Fatehpur in Spl. Trial no. 28 of 2009 (State vs. Harishchandra) arising out of Case Crime no. 84 of 2008, under sections 2/3 U.P.Gangster and Anti Social Activities (Prevention) Act, Police Station- Kotwali, District- Fatehpur.
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 order dated 22.09.2024 within one month from today. Till one month from today, no coercive action shall be initiated against the applicant. After the expiry of aforesaid period of one month, learned concerned court is directed to proceed as per law.
6. With the aforesaid observation, the application is disposed of. Order Date :- 8.4.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad