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Neutral Citation No. - 2025:AHC:135609 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 27941 of 2025 Applicant :- Anil Prajapati Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amit Kumar Rajput,Mohammad Tabrej,Mohd Haleem,Sandeep Kumar Jaiswal,Santosh Kumar Jaiswal 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 entire proceeding as well as charge sheet dated 10.03.2025 along with cognizance taking order dated 21.03.2025 as well as Non-Bailable Warrant dated 23.04.2025 in Criminal Case no. 2189 of 2025 (State vs. Anil Prajapati) arising out of Case Crime no. 0022 of 2024 under sections 420 IPC and 66 D of Information Technology Act, PS- Cyber Crime Police Station Saharanpur, District Saharanpur.
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 23.04.2025 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 :- 11.8.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad