Allahabad High Court
Girish Chandra And Another vs State Of U.P. And Another on 12 May, 2025
Author: Saurabh Srivastava
Bench: Saurabh Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:77125 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 15483 of 2025 Applicant :- Girish Chandra And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rahul Mehrotra Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for the applicants and learned A.G.A. for the State.
2. The present application under Section 528 BNSS, has been filed for quashing of N.B.W. order dated 23.01.2023 as well as order dated 11.06.2024 by which process under Section 82 has been issued against the applicants in GST No. 305 of 2009 (State of U.P. vs. Girish and others), arising out Case Crime no. 19 of 2009, under Section 2/3 Gangster Act, Police Station Aliganj, District Etah as well as entire proceedings of the said case, pending in the court of learned Special Judge (Gangster Act)/Additional District Judge, Court No.2, Etah.
3. Learned counsel for applicants submitted that impugned order is against the facts and law. The applicants had no knowledge about the proceedings initiated against him due to which they could not appear on the date fixed by the trial Court, hence, non-bailable warrant alongwith process under Section 82 has been issued against them.
4. Per contra, learned A.G.A opposed the prayer sought through the instant application.
5. Considering the facts and circumstances of the matter, applicants are hereby directed to appear before the learned court concerned in pursuance to impugned N.B.W. order dated 23.01.2023 within three weeks from today. Till three weeks from today, no coercive action shall be initiated against the applicants in pursuance of N.B.W. order dated 23.01.2023 as well as order dated 11.06.2024 by which process under Section 82 Cr.P.C. After the expiry of aforesaid period of three weeks, learned concerned court shall proceed as per law.
6. With the aforesaid direction, the application is disposed of.
Order Date :- 12.5.2025 Vivek Kr.