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2025 DAILYLAW 99965 (ALL)

KALLI TOMAR URF VIJAY PRATAP TOMAR v. STATE OF U.P. AND ANOTHER

NA528/37990/2025 · 2025-09-25

Nand Prabha Shukla

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 37990 of 2025 Court No. - 78 HON'BLE NAND PRABHA SHUKLA, J. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. The present application under Section 528 BNSS has been filed with a prayer to allow the application and quash the order of Non Bailable Warrant dated 31.05.2024 against the applicant in Session Trial No. 387 of 2018 (State v. Kali Tomar @ Vijay Pratap Tomar) arising out of Case Crime No. 0690 of 2018 under Sections 354B/452/427/307/323/504/506 IPC, Police Station- Ghatampur, Kanpur Nagar. It has been submitted by learned counsel for the applicant submits that due to non-appearance of the applicant in the court proceedings, the non-bailable warrant was issued on 31.05.2024 and subsequently, proceedings under Section 82 Cr.P.C., have also been initiated. However, learned counsel for the applicant gives an undertaking that the applicant shall appear before the Court concerned and cooperate and participate in the trial proceedings. In view of the above, in case, the applicant appears and participates in the trial proceeding before the Court concerned, Non-Bailable Warrant and proceeding under Section 82 Cr.P.C. Versus Counsel for Applicant(s) : Kailash Singh Yadav Counsel for Opposite Party(s) : G.A. Kalli Tomar Urf Vijay Pratap Tomar .....Applicant(s) State of U.P. and Another .....Opposite Party(s) initiated against the applicant, shall remain in abeyance. It is made clear that in case, the applicant does not cooperate and participate in the trial proceeding, the trial Court is free to pass the appropriate order. With the above observations, this application is disposed of. September 26, 2025 Aditya Tripathi NA528 No. 37990 of 2025 2 (Nand Prabha Shukla,J.) Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad