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Neutral Citation No. - 2025:AHC:55899 Court No. - 74 Case :- APPLICATION U/S 482 No. - 2009 of 2025 Applicant :- Pawan Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dheeraj Vishwakarma 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 482 Cr.P.C. has been filed for quashing the impugned orders dated 10.10.2024 as well as 23.11.2024 passed by learned Additional District and Sessions Judge (POCSO Act), Bijnor in S.T. No. 2001 of 2023 (State vs. Pawan and others) arising out of Case Crime no. 0558 of 2018 under section 307 IPC and S.T. No. 2002 of 2023 (State of U.P. vs. Pawan Kumar) under Section 3/25 of Arms Act arising out of Case Crime No. 0559 of 2018, Police Station Chandpur, District Bijnor.
3. Learned counsel for applicants submits that impugned orders are 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, which culminated into issue of non-bailable warrants which trailed to proceeding under Section 82 Cr.P.C.
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 orders dated 10.10.2024 as well as 23.11.2024 within 15 days from today.
6. Till 15 days from today, no coercive action shall be initiated against the applicant in pursuance of S.T. No. 2001 of 2023 (State vs. Pawan and others) arising out of Case Crime no. 0558 of 2018 under section 307 IPC and S.T. No. 2002 of 2023 (State of U.P. vs. Pawan Kumar) under Section 3/25 of Arms Act arising out of Case Crime No. 0559 of 2018, Police Station Chandpur, District Bijnor. After the expiry of aforesaid period of 15 days, learned concerned court is directed to proceed as per law.
7. With the aforesaid observation, the application is disposed of. Order Date :- 16.4.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad