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Neutral Citation No. - 2025:AHC:138829 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 26212 of 2025 Applicant :- Ambuj Dwivedi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Avinash Kumar,Dhirendra Kumar Yadav,Ram Asre Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J.
1. Heard learned counsel for the applicant and learned AGA for the State.
2. This application u/s 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as 'BNSS') has been filed for quashing of the entire proceedings, including charge-sheet dated 24.08.2012 as well as order dated 17.07.2017, of S.T. No. 1116 of 2012 (State Vs. Pawanesh Pandey @ Inspector and others), arising out of Case Crime No.436 of 2012, under Sections 395, 511, 427, 307, 120B IPC, P.S.- Nawabganj, District- Prayagraj, pending in the court of Additional Sessions Judge (POCSO Act)- Ist, Allahabad.
3. After arguing at some length, learned counsel for the applicant submitted that in the aforesaid case applicant was on bail and he was regularly appearing before the trial Court since the year 2012. On 12.02.2024 applicant could not appear before the trial Court due to some urgency and consequently the trial Court has issued non-bailable warrants as well as process under Section 82 Cr.P.C. against applicant. Before issuance of non-bailable warrants and process under Section 82 Cr.P.C., no summon or bailable warrants were issued. It is further submitted that prayer made above is not being pressed and the applicant would appear before the court
concerned and a direction may be made to the court concerned to decide the bail application of applicant expeditiously and till then protection may be granted to the applicant.
4. In view of aforesaid, it is directed that in case applicant appears / surrenders before the court concerned within a period of two weeks from today and applies for bail, his bail application shall be considered and decided expeditiously in accordance with settled law. For a period of two weeks from today or till the applicant surrenders before the court concerned, whichever is earlier, no coercive action shall be taken against the applicant in the aforesaid case.
5. With the aforesaid observations, the application under Section 528 BNSS is disposed of. Order Date :- 14.8.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad