Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:11312 Court No. - 76 Case :- APPLICATION U/S 482 No. - 2119 of 2025 Applicant :- Manoj Sonkar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Brijesh Kumar 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 09.01.2020, issued by the VIth A.C.J.M. Varanasi in Criminal Case No.1896 of 2012, arising out of Case Crime No.28 of 2009, under Section 4/25 Arms Act, P.S. Dasaswamegh, District Varanasi.
3. Learned counsel for applicant submits that impugned order is against the facts and law. The applicant works in Bombay and 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 move appropriate application before the trial Court for recalling the impugned order, the same shall be decided expeditiously in accordance with law. For a period of 15 days or till the applicant move 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 with the cost of Rs.5000/- to be deposited by the applicant in favour of District Legal Services Authority.
Order Date :- 22.1.2025 A. Tripathi Justice Vinod Diwakar Digitally signed by :- AKHILESH TRIPATHI High Court of Judicature at Allahabad