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2025 DAILYLAW 84864 (ALL)

POOJA YADAV v. STATE OF U.P. AND ANOTHER

NA528/29720/2025 · 2025-08-21

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:145482 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 29720 of 2025 Applicant :- Pooja Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anurag Upadhyaya 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 cognizance/summoning order dated 25.01.2019 passed by learned Additional Chief Judicial Magistrate-I, Varanasi as well as entire proceedings of Case no. 216 of 2019 (State vs. Pooja Yadav) arising out of Case Crime no. 629 of 2016 under sections 419, 420, 406 IPC and section 66C, 66D IT Act, PS- Cholapur, District Varanasi pending in court of learned Additional Chief Judicial Magistrate-I, Varanasi. 3. Learned counsel for applicant confined his prayer that applicant had no knowledge about the proceedings initiated against her due to which non-bailable warrant was issued against her on dated 20.03.2025 and as such she may be permitted to appear before learned court concerned and prefer whatever remedy available at law and during that period she may be protected. 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 20.03.2025 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. However, applicant is at liberty to avail whatever remedy available at law. Order Date :- 22.8.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad