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2025 DAILYLAW 73194 (ALL)

ARUN KUMAR AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/28182/2025 · 2025-08-04

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:132175 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 28182 of 2025 Applicant :- Arun Kumar And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Chandra Shekhar Mishra 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 for quashing Non-Bailable Warrant dated 12.07.2023 issued by Additional Chief Judicial Magistrate-Ist, Saharanpur in Case no. 2149 of 2011 (State vs. Arun Kumar and others) arising out of Case Crime no. 02 of 2011 under Section 3/7 of Essential Commodities Act, PS- Janakpuri, District Saharanpur. 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 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 12.07.2023 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 :- 5.8.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad