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2025 DAILYLAW 77260 (ALL)

SHAMSHAD KHAN v. STATE OF UP AND ANOTHER

NA528/25744/2025 · 2025-07-21

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:119038 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 25744 of 2025 Applicant :- Shamshad Khan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dhirendra Kumar Srivastava 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 impugned order dated 30.05.2023 passed by learned Additional Sessions Judge/Fast Track Court-Ist, Chandauli, by which NBW has been issued against the applicant in pursuance to Sessions Case no. 659 of 2022, Case Crime no. 54 of 2022, under Section 8/20 of NDPS Act, PS- Dheena, District Chandauli pending before learned court of Additional Sessions Judge/Fast Track Court-Ist, Chandauli. 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 30.05.2023 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 :- 22.7.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad