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2025 DAILYLAW 8601 (ALL)

SARITA MISHRA v. STATE OF U.P. AND ANOTHER

A482/3050/2025 · 2025-02-03

Vinod Diwakar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:17769 Court No. - 76 Case :- APPLICATION U/S 482 No. - 3050 of 2025 Applicant :- Sarita Mishra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Nanhe Lal Tripathi Counsel for Opposite Party :- G.A. Hon'ble Vinod Diwakar,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 non-bailable warrant dated 7.11.2024 passed by learned Special Judge (Gangsters Act)/Additional District and Sessions Judge, Gautambuddh Nagar in Case No.33 of 2024 arising out of Case Crime No.0257 of 2024, under section 2/3 of U.P. Gangsters and Anti-Social Activities (Prevention) Act, Police Station Ecotec-IIIrd, Gautambuddh Nagar. 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 has opposed. 5. Considering the facts and circumstances of the matter, it is directed that in case the applicant appears and moves appropriate application before the trial court for recalling of the impugned order, the same shall be decided expeditiously in accordance with law. For a period of 15 days or till the applicant moves an application before the trial court, whichever is earlier, no coercive action shall be taken against the applicant. Further, the court shall not entertain the fictitious and repetitive personal exemption application, and if filed, the same shall be dismissed with reasonable costs. 6. The application is disposed of accordingly. Order Date :- 4.2.2025 Anil K. Sharma Justice Vinod Diwakar Digitally signed by :- ANIL KUMAR SHARMA High Court of Judicature at Allahabad