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2025 DAILYLAW 75464 (ALL)

AMIT KUMAR v. STATE OF U.P. AND ANOTHER

A482/22034/2024 · 2025-01-16

Vinod Diwakar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:8407 Court No. - 76 Case :- APPLICATION U/S 482 No. - 22034 of 2024 Applicant :- Amit Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anil Kumar,Ramesh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Vinod Diwakar,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The present application under Section 482 Cr.P.C., has been filed for quashing the Non Bailable Warrant dated 15.5.2024 passed by learned Chief Judicial Magistrate, Mirzapur in Case No.5858 of 2014 titled State v. Ramraj Yadav and another, arising out of Case Crime No.808 of 2013, under section 4/21 of Mines & Minerals (Development & Regulation) Act, 1957, 3/57/70 of U.P. Minor Minerals (Concession) Rules, 1963 & 3/4 Prevention of Damage to Public Property Act, 1984, Police Station Vindhyachal, District Mirzapur. 3. Learned counsel for applicants submits that the impugned orders are against the facts and law. The applicant had no knowledge about the proceedings initiated against him due to which they could not appear on the date fixed by the trial Court, hence, non- bailable warrants were issued against the applicant. 4. Per contra, learned A.G.A has opposed. 5. Considering the facts and circumstances of the matter, it is directed that in case the applicant appears and moves appropriate application before the trial Court for recalling the impugned orders, the same shall be decided expeditiously in accordance with law. For a period of 15 days or till the applicant moves an application before the trial Court, whichever is earlier, no coercive action shall be taken against the applicant. Further, the Court shall not entertain the fictitious and repetitive personal exemption application, and if filed, the same shall be dismissed with reasonable costs. 6. The application is disposed of with the cost of Rs.5000/- to be deposited by the applicant in favour of District Legal Services Authority. Order Date :- 16.1.2025 Anil K. Sharma Justice Vinod Diwakar Digitally signed by :- ANIL KUMAR SHARMA High Court of Judicature at Allahabad