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2025 DAILYLAW 91978 (ALL)

SANTOSH KUMAR TIWARI v. STATE OF U.P. AND ANOTHER

NA528/34718/2025 · 2025-09-10

Saurabh Srivastava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 34718 of 2025 Court No. - 77 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 entire proceedings of Case No.1691 of 2018 (State vs. Santosh Kumar) arising out of Case Crime No.146 of 2009, under Section 153 of Railway Act, Police Station- Dadri (North Central Railway), District- Aligarh, pending in the court of learned Additional Chief Judicial Magistrate (Railway), Aligarh. Further prayer has been made to quash the non-bailable warrant issued against the applicant on dated 07.07.2025 in above- mentioned case. 3. Learned counsel for applicant submits that impugned non-bailable warrant order issued against the applicant 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 opposed the prayer. 5. Be that as it may, none of the grounds taken up through the instant application are convincing for consideration of prayer for seeking quashing of entire proceedings arising out of Case Crime No.146 of 2009, as such applicant is hereby directed to appear before learned court concerned in pursuance to non-bailable warrant order dated 07.07.2025 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 Versus Counsel for Applicant(s) : Mukul Yadav, Rajesh Yadav Counsel for Opposite Party(s) : G.A. Santosh Kumar Tiwari .....Applicant(s) State of U.P. and Another .....Opposite Party(s) weeks, learned concerned court is directed to proceed as per law. 6. With the aforesaid observation, the application is disposed of. September 11, 2025 Saif NA528 No. 34718 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad