SHRIKESH AND 2 OTHERS v. STATE OF U.P. AND 3 OTHERS
NA528/29251/2025 · 2025-08-10
Saurabh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 84025 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 84025 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:135145 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 29251 of 2025 Applicant :- Shrikesh And 2 Others Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Mukesh Kumar Pandey,Praveen Kumar Sharma Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for the applicants and learned A.G.A. for the State.
2. The present application under Section 528 BNSS has been filed for quashing non-bailable warrant order dated 11.08.2023 and proceeding under section 82 Cr.P.C. order dated 26.09.2023 passed in Session Case No.108 of 2023 (State vs. Raju and Others) arising out of Case Crime No.96 of 2021, under sections 323, 354, 504, 506, 452 I.P.C. and sections 7/8 POCSO Act, 2012, Police Station- Baraur, District- Kanpur Dehat, pending before learned court of Additional District and Session Judge/Special Judge, POCSO Act, Kanpur Dehat including cognizance/summoning order dated 20.01.2023 as well as to quash the entire proceedings of above-mentioned trial.
3. Learned counsel for applicants submits that impugned non-bailable warrant order and proceeding under section 82 Cr.P.C. are against the facts and law. The applicants had no knowledge about the proceedings initiated against them due to which they could not appear on the date fixed by the trial court, hence, non-bailable warrant was issued against the applicants.
4. Per contra, learned A.G.A opposed the prayer.
5. Be that as it may, without interfering into the merits of matter, applicants are hereby directed to appear before learned court concerned in pursuance to non- bailable warrant order dated 11.08.2023 as well as proceeding under section 82 Cr.P.C. within three weeks from today. Till three weeks from today, no coercive action shall be initiated against the applicants. 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 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad