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2025 DAILYLAW 96127 (ALL)

USMAN KHAN v. STATE OF U.P. AND ANOTHER

NA528/35261/2025 · 2025-09-14

Saurabh Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 35261 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 N.B.W. order dated 30.07.2016 issued by learned Additional District Judge 12 in S.S.T. No. 52 of 2016 (State vs. Usman) arising out of Case Crime no. 921 of 2015, under Sections 3/25 of Arms Act, Police Station Hariparvat, District Agra. 3. Learned counsel for applicant submits that impugned order is against the facts and law. The applicant has 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 N.B.W. order dated 30.07.2016 within three weeks from today. 6. Till three weeks from today, no coercive action shall be initiated against the applicant in pursuance of S.S.T. No. 52 of 2016 (State vs. Usman) arising out of Case Crime no. 921 of 2015, under Sections 3/25 of Arms Act, Police Station Hariparvat, District Agra. After the expiry of aforesaid period of three weeks, learned concerned court is directed to proceed as per law. 7. However, it is made clear that none of the grounds are convincing for Versus Counsel for Applicant(s) : Azhar Hussain, Mohd Ghufran Hasan Counsel for Opposite Party(s) : G.A. Usman Khan .....Applicant(s) State of U.P. and Another .....Opposite Party(s) seeking quashing of order impugned. 8. With the aforesaid observation, the application is disposed of. September 15, 2025 #Vik/- NA528 No. 35261 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad