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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 34149 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 non-bailable warrant order dated 28.11.2023 passed by Chief Judicial Magistrate, Hathras, District Hathras in Criminal Case no. 3282 of 2017 (State vs. Boby Thakur and others) under Section 3/4 Public Gambling Act, arising out of Case Crime no. 0356 of 2017, PS- Hathras Kotwali, District Hathras as well as entire criminal proceedings in pursuance of NBW dated 28.11.2023.
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 opposed the prayer.
5. Considering the facts and circumstances of the matter, applicant is
directed to appear before the learned court concerned in pursuance to impugned NBW order dated 28.11.2023 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 weeks, learned concerned court is directed to proceed as per law. However, it is made clear that none of the grounds are convincing for seeking quashing of orders impugned along with entire proceeding. Versus Counsel for Applicant(s) : Rahul Kumar Sharma Counsel for Opposite Party(s) : G.A. Bhola .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
6. With the aforesaid observation, the application is disposed of. September 9, 2025 Shaswat NA528 No. 34149 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad