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2025 DAILYLAW 78863 (ALL)

NAZIM ALI v. STATE OF U.P. AND ANOTHER

NA528/26978/2025 · 2025-10-05

Deepak Verma

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 26978 of 2025 Court No. - 72 HON'BLE DEEPAK VERMA, J. 1. Heard learned counsel for the applicant, learned Additional Government Advocate for the State of U.P./opposite party no.1 and perused the record. 2. This application under Section 528 B.N.S.S. has been filed by the applicant to quash the entire proceedings as well as order dated 05.09.2011 ( Ν.B.W.) in Case No. 2032 of 2004 (State Vs. Akhilesh Guddu and others) arising out of Case Crime No. 103 of 2002, under Sections 147, 148, 149, 323, 324, 504 and 506 I.P.C., Police Station Sarpataha, District Jaunpur, pending before Learned Judicial Magistrate-1, Jaunpur. 3. From the record, it transpires that on account of the failure of the applicant to appear before the court below, non-bailable warrant has been issued against the applicant by the court below vide order dated 05.09.2011. 4. Learned counsel for the applicant submits that interest of justice shall be served provided some protection is granted by this Court to enable the applicant to appear before the court below. 5. Considering the facts and circumstances of the case, it is provided that the applicant shall appear before the court concerned within a week's from today and moves an application for recall of non bailable warrant, which shall be considered and disposed of within a period of three weeks. 6. For a period of one week, the execution of non bailable warrant issued against the applicant shall remain stayed. 7. In case of default, the interim protection granted by this Court shall stand Versus Counsel for Applicant(s) : Vijay Kumar Mishra Counsel for Opposite Party(s) : G.A. Nazim Ali .....Applicant(s) State of U.P. and Another .....Opposite Party(s) automatically vacated and the court below shall be free to proceed against the applicant in accordance with law. 8. With the aforesaid direction, the 528 BNSS application is finally disposed off. October 6, 2025 Sanjeet NA528 No. 26978 of 2025 2 (Deepak Verma,J.) Digitally signed by :- SANJEET KUMAR YADAV High Court of Judicature at Allahabad