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2025 DAILYLAW 84215 (ALL)

AMIT KUMAR AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/28976/2025 · 2025-08-22

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:146410 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 28976 of 2025 Applicant :- Amit Kumar And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ravindra Kumar Yadav,Sandeep Kumar Yadav 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 charge sheet dated 04.10.2021, cognizance/summoning order dated 16.12.2021 as well as entire proceedings of Session Trial no. 2127 of 2021 (State vs. Amit Kumar and others) arising out of Case Crime no. 202 of 2021 under Section 2/3 of U.P.Gangster and Anti-Social Activities (Prevention) Act, 1986, PS- Nai Mandi, District Muzaffarnagar. 3. Learned counsel for applicant submits that 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 dated 04.03.2025 was issued against the applicants as such they may be permitted to appear before court concerned. 4. Per contra, learned A.G.A opposed the prayer. 5. Considering the facts and circumstances of the matter, applicants are directed to appear before the learned court concerned in pursuance to impugned NBW order dated 04.03.2025 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 :- 23.8.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad