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2025 DAILYLAW 86111 (ALL)

ABHISHEK TYAGI AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA528/30528/2025 · 2025-08-19

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:144842 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 30528 of 2025 Applicant :- Abhishek Tyagi And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vivek Singh 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 issued against the applicants by learned Additional Session Judge, Court No.8, Moradabad in Session Trial No.198 of 2017 (State vs. Rinku and Others) arising out of Case Crime No.490 of 2015, under Sections 420, 467, 468, 272 I.P.C. and section 60 of Excise Act, Police Station- Nakhasa, District- Moradabad as well as to quash the entire proceedings of abovementioned trial. 3. Learned counsel for applicants submits that impugned non- bailable warrant 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 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 impugned non-bailable warrant 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 :- 20.8.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad