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2025 DAILYLAW 75399 (ALL)

VINOD KUMAR YADAV v. STATE OF U.P. AND ANOTHER

NA528/24945/2025 · 2025-07-23

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:123383 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 24945 of 2025 Applicant :- Vinod Kumar Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Thakur Prasad Dubey 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 the order of Non-Bailable Warrant dated 30.5.2023 passed by learned IX Additional Sessions Judge, Varanasi in Special Trial no. 439 of 2020 (State vs. Shivshankar Seth and others), arising out of Case Crime no. 149 of 2019 under Section 3(1) of U.P.Gangsters and Anti-Social Activities (Prevention) Act, 1986, PS- Baragaon, District Varanasi. 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 30.5.2023 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 :- 24.7.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad