Akash vs. State Of U.P. And Another
Facts
The applicant, Akash, filed an application under Section 528 BNSS seeking to quash a Non-Bailable Warrant (NBW) order dated May 27, 2025. This order was issued by the learned Special Judge, Gangster Act, Mathura, in GST No. 801 of 2020. The underlying case, State vs. Akash & others, arose from Case Crime No. 783 of 2018, registered under sections 2/3 of the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, at Police Station Vrindavan, District Mathura. The applicant contended that he was unaware of the proceedings, leading to his non-appearance and the subsequent issuance of the NBW.
Held
The Court considered the facts and circumstances of the matter. It directed the applicant to appear before the concerned learned court in pursuance of the impugned NBW order dated May 27, 2025, within three weeks from the date of the order. The Court further ordered that no coercive action would be initiated against the applicant in pursuance of GST No. 801 of 2020 (State vs. Akash & others) for a period of three weeks from the date of the order. After the expiry of this period, the concerned court was directed to proceed as per law. The application was disposed of with these observations. The Court did not expressly leave any issue undecided.
Key Issues
1. Whether the Non-Bailable Warrant (NBW) order dated May 27, 2025, passed by the learned Special Judge, Gangster Act, Mathura, in GST No. 801 of 2020, is liable to be quashed on the grounds of the applicant's lack of knowledge about the proceedings. Contentions: Petitioner (Akash): The applicant argued that the impugned NBW order was against the facts and law. He claimed to have no knowledge of the proceedings initiated against him, which resulted in his failure to appear on the date fixed by the trial court, consequently leading to the issuance of the non-bailable warrant. Revenue/State: The learned A.G.A. opposed the prayer made by the applicant.
Sections Cited
Section 528 BNSS
AI-generated summary — verify with the full judgment below
Neutral Citation No. - 2025:AHC:110606 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 24105 of 2025 Applicant :- Akash Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manoj Kumar Singh,Rajesh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present application under Section 528 BNSS, has been filed for quashing the N.B.W. order dated 27.05.2025 passed by learned Special Judge, Gangster Act, Mathura in GST No. 801 of 2020 (State vs. Akash & others) arising out of Case Crime no. 783 of 2018, under sections 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Vrindavan, District Mathura.
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.
Per contra, learned A.G.A opposed the prayer.
Considering the facts and circumstances of the matter, applicant is directed to
The judgment continues below.
Read the full judgment
A free account opens 10 full GST judgments a month (one account works on both bharattax.net and this site). Re-reading one you have already opened does not count again.
The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.
Reproduced from the public record of the Allahabad High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.