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Neutral Citation No. - 2025:AHC:11285 Court No. - 76 Case :- APPLICATION U/S 482 No. - 2095 of 2025 Applicant :- Nippe Alias Nirpati Opposite Party :- State of U.P. Counsel for Applicant :- Ram Chandra Solanki 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 order dated 04.12.2024 in G.S.T. No. 1026 of 2019, titled State v. Nippe @ Nirpati, arising out of Case Crime No.190 of 2018, under Section 2/3 of Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, P.S. Shikohabad, District Firozabad, pending in the Court of Special Additional Sessions Judge-IX (Gangsters) Firozabad.
3. Learned counsel for applicant submits that impugned order is against the facts and law. Due to confusion, the applicant noted wrong date of hearing in the present case 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 accordingly.
Order Date :- 22.1.2025 A. Tripathi Justice Vinod Diwakar Digitally signed by :- AKHILESH TRIPATHI High Court of Judicature at Allahabad