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2025 DAILYLAW 86542 (ALL)

RAKESH DUBEY v. STATE OF U.P. AND ANOTHER

NA528/30260/2025 · 2025-08-18

Saurabh Srivastava

Transfer Petitionbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:141383 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 30260 of 2025 Applicant :- Rakesh Dubey Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Anil Pratap Singh 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 has been filed for quashing of entire proceedings of Criminal Case No. 3484 of 2012 (State of U.P. vs. Rakesh), arising out Case Crime no. 121 of 1997, under Section 8/21 of NDPS Act, Police Station Jaitpura, Varanasi as well as order dated 26.05.2025 passed by Additional Sessions Judge, Court No.14, Varanasi dismissing the revision preferred at the behest of applicant against order dated 08.08.2023 passed by Judicial Magistrate, Varanasi rejecting the recall application preferred for recalling the order of NBW issued against applicant. 3. At the very outset, learned counsel for applicant confined his prayer only to the extent that the present application may be disposed of finally with liberty to applicant to appear before learned court concerned in pursuance of order of non bailable warrant issued against him. 4. Per contra, learned A.G.A opposed the prayer sought through the instant application. 5. Considering the innocuous prayer made at the behest of learned counsel for applicant, applicant is hereby directed to appear before the learned court concerned in pursuance order of non bailable warrant issued against him within a period of three weeks from today. Till three weeks, no coercive action shall be initiated against the applicant in pursuance of NBW. After the expiry of aforesaid period, learned concerned court shall proceed as per law. 6. With the aforesaid direction, the application is disposed of. Order Date :- 19.8.2025/Vivek Kr. Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad