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2025 DAILYLAW 78207 (ALL)

FIROZ MALIK v. STATE OF U.P. AND ANOTHER

NA528/26875/2025 · 2025-07-28

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:126001 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 26875 of 2025 Applicant :- Firoz Malik Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kamlesh Kumar Tiwari,Priya Tiwari,Yogesh Shukla 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 NBW order dated 11.12.2019 passed by Addl. District and Sessions Judge, Court no. 4, Bulandsahar in Spl. S.T. no. 3743/2018 (State vs. Firoz) arising out of Case Crime no. 1087/2018 under section 8/22 NDPS Act, PS- Kotwali Dehat, District Bulandsahar. 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, reasons apprised through instant application seems to be justified. It is not disputed by learned AGA that applicant has already been granted bail but reasons mentioned in the application culminated into non-appearance of the applicant before learned trial court and as such applicant is directed to appear before the learned court concerned in pursuance to impugned NBW order dated 11.12.2019 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 :- 29.7.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad