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Neutral Citation No. - 2025:AHC:133961 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 28800 of 2025 Applicant :- Pradeep Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anshul Kumar Singhal 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 order dated 22.03.2022 passed by Additional District Judge/Gangster Act, Gautam Buddh Nagar in Criminal Case no. 62 of 2011 (State vs. Sonu and others) under Section 2/3 Gangster Act, arising out of Case Crime no. 544 of 2010 under Section 2/3 Gangster Act, PS- Surajpur, District Gautam Buddh Nagar whereby Non-Bailable Warrant has been issued against the applicant including subsequent orders.
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 22.03.2022 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 :- 7.8.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad