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2025 DAILYLAW 75212 (ALL)

SHIVNATH MISHRA v. STATE OF U.P. AND ANOTHER

NA528/24971/2025 · 2025-07-16

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:115767 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 24971 of 2025 Applicant :- Shivnath Mishra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amitabh Trivedi,Uday Shankar Tiwari 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 order dated 12.11.2024 passed by learned Additional Chief Judicial Magistrate-III, Varanasi in Complaint Case No.1789 of 2016 (Sandhya Pandey vs. Shivnath Mishra) under Section 138 of N.I. Act, Police Station- Lanka, District- Varanasi. 3. Learned counsel for applicant submits that impugned non- bailable warrant 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. Be that as it may, without interfering into the merits of matter, applicant is hereby directed to appear before learned court concerned in pursuance to non-bailable warrant order dated 12.11.2024 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 :- 17.7.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad