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2025 DAILYLAW 94520 (ALL)

ANIL ALIAS BABLOO v. STATE OF U.P. AND ANOTHER

NA528/34979/2025 · 2025-09-11

Saurabh Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 34979 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 charge sheet dated 6.2.2009 under Section 3/7 E.C. Act, PS- Sihani Gate, District Ghaziabad arising out of Case Crime no. 1161 of 2008 along with cognizance order dated 21.03.2009 passed by learned Additional Chief Judicial Magistrate, Court no. 1, Ghaziabad in Criminal Case no. 1391 of 2009 under Section 3/7 E.C. Act. 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, this Court finds that summoning order has been passed way back in the year 2009 itself and it is admitted fact that applicant never appeared before learned court concerned for last more than 16 years as such applicant is directed to appear before the learned court concerned in pursuance to impugned NBW order issued against him 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 Versus Counsel for Applicant(s) : Suresh Singh Tomer Counsel for Opposite Party(s) : G.A. Anil Alias Babloo .....Applicant(s) State of U.P. and Another .....Opposite Party(s) grounds are convincing for seeking quashing of orders impugned along with entire proceeding. 6. With the aforesaid observation, the application is disposed of. September 12, 2025 Shaswat NA528 No. 34979 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad