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2026 DAILYLAW 1369 (ALL)

FIROZ v. STATE OF U.P. AND ANOTHER

NA528/19901/2026 · 2026-05-13

Vivek Kumar Singh

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 19901 of 2026 Court No. - 80 HON'BLE VIVEK KUMAR SINGH, J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The present application has been filed by applicants for quashing the NBW order dated 17.1.2024 passed by Additional District Judge, Court No. 1, Agra in Session Trial No. 608 of 2014 (State vs. Firoz and others) arising out of Case Crime No. 415 of 2014, under Sections 302, 147 IPC, Police Station Tajganj, District Agra pending before Additional District Judge, Court No. 1, Agra. 3. It is submitted by learned counsel for the applicant that applicant is ready to appear before the court concerned and on account of compelling circumstances, he could not appear on the date fixed before the court below therefore, as a result of the same, non bailable warrant dated 17.1.2024 has been issued against the applicant. 4. Learned counsel for the applicant submitted that applicant undertakes to participate in the trial court's proceedings and he shall remain present before the court concerned unless the personal presence of the applicant is exempted by the court below. It is further submitted by learned counsel for the applicant that the applicant will cooperate in the trial court's proceedings. 5. On the other hand learned AGA submits that due to non appearance of the applicant on several dates, the leaned trial Court proceeded to issue Versus Counsel for Applicant(s) : Vikash Kumar Counsel for Opposite Party(s) : G.A. Firoz .....Applicant(s) State of U.P. and Another .....Opposite Party(s) non bailable warrant against the applicant. 6. In view of the facts of the case, this Court deems it fit that non bailable warrant issued against the applicant shall be kept in abeyance for a period of three weeks and applicant shall appear before the court concerned within the time fixed by this Court. If, the applicant appears before the court concerned, non bailable warrant shall not be further executed. However, if the applicant fails to appear or participate in the trial proceeding within the time fixed by this Court, non bailable warrant shall be executed against the applicant without delay. 7. It is made clear that no further time for appearance before the court concerned shall be granted by this Court. 8. In view of the aforesaid, this application is disposed of. May 14, 2026 Lalit Shukla NA528 No. 19901 of 2026 2 (Vivek Kumar Singh,J.) Digitally signed by :- LALIT KUMAR SHUKLA High Court of Judicature at Allahabad