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2025 DAILYLAW 81478 (ALL)

MOHD. SHAHNAWAJ ALIAS SHANU v. STATE OF U.P. AND 3 OTHERS

NA528/29133/2025 · 2025-08-10

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:135483 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 29133 of 2025 Applicant :- Mohd. Shahnawaj Alias Shanu Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Diwas Verma,G.S. Chauhan Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the parties. 2. Present application has been preferred with prayer to quash the orders dated 6.5.2025 and 1.7.2025 by which learned court of Additional District Judge, Court no. 22, Kanpur Nagar issued non- bailable warrant against the applicant and allow him to appear before learned trial court below. Further prayer has been made to issue direction to learned court of Additional District Judge, Court no. 22, Kanpur Nagar to consider the affidavit filed by applicant before learned trial court to consider him to participate in the trial as an accused of the present case in name of Shahnawaj @ Shanu accused of Session Trial no. 829 of 2020 arising out of Case Crime no. 0333 of 2020 under Section 354 of IPC and 9/10 POCSO Act, PS- Beconganj, District Kanpur Nagar pending before learned court of Additional District Judge, Court no. 22, Kanpur Nagar. 3. Learned counsel for applicant confined his prayer only in pursuance to order dated 06.05.2025 through which non-bailable warrants have been issued against the applicant, although applicant has already been granted bail and cooperating with learned trial court. One more fact has been disclosed by learned counsel for the applicant that although implication of the applicant is under the identification of name as "Shanu @ Shahnawaj" but at the same time, learned counsel for applicant submitted that name of the applicant is "Shahnawaj @ Shanu" and the same prayer has been made before learned concerned court for proceeding against the applicant but as "Shahnawaj @ Shanu" not as "Shanu @ Shahnawaj". Same prayer has not been accepted by learned concerned court as submitted by learned counsel for the applicant but no specific application has ever been preferred which is fairly admitted by learned counsel for the applicant. 4. Learned AGA submitted that he is having no objection, if applicant surrender himself before learned concerned court by way of placing specific application by way of disclosing his identity through relevant identity proof such as Adhaar Card, Passport etc. 5. After hearing rival submissions extended by learned counsel for the parties, learned court of Additional District and Sessions Judge/Special Judge, POCSO Act, Court no. 22, Kanpur Nagar/concerned court is hereby directed to accept surrender of the applicant and decide the application, if preferred by the applicant in shape of disclosing his identity for cooperating with the learned trial court which will be verified through relevant identity proof and proceed thereafter. 6. The instant application is hereby disposed of with stipulated time of three weeks which is hereby extended in favour of applicant for surrendering before concerned court. Till three weeks no coercive action shall be initiated against the applicant. Order Date :- 11.8.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad