Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 80912 (ALL)

VIKRANT PATERIYA v. STATE OF U.P. AND ANOTHER

NA528/28020/2025 · 2025-08-11

Saurabh Srivastava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:136954 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 28020 of 2025 Applicant :- Vikrant Pateriya Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vijit Saxena 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 quash order dated 06.06.2024 passed by Special C.J.M. Allahabad in Case no. 1027 of 2002 (State of U.P. vs. Vikrant Pateriya and others) arising out of Case Crime no. 6230 of 2003 (FIR no. 33 of 2002) under Section 427 of IPC and Section 3/4 of Prevention of Damage to Public Property Act, 1984, PS- Colonelganj, District Allahabad by means of which learned court below has issued non-bailable warrant and process under Section 82 and 83 of Cr.P.C. against the applicant. 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 06.06.2024 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 :- 12.8.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad