Girish Chandra And Another vs. State Of U.P. And Another
Facts
The applicants, Girish Chandra and another, filed an application under Section 528 BNSS seeking to quash a Non-Bailable Warrant (NBW) order dated January 23, 2023, and a subsequent order dated June 11, 2024, which issued process under Section 82 of the Cr.P.C. against them. These orders stem from GST No. 305 of 2009, originating from Case Crime No. 19 of 2009, under Section 2/3 of the Gangster Act, Police Station Aliganj, District Etah. The applicants contended they had no knowledge of the proceedings, preventing their appearance before the trial court. The State, represented by the learned A.G.A., opposed the application.
Held
The Court considered the facts and circumstances of the matter. It directed the applicants to appear before the learned court concerned in pursuance to the impugned NBW order dated January 23, 2023, within three weeks from the date of the order. The Court further directed that no coercive action would be initiated against the applicants in pursuance of the NBW order dated January 23, 2023, and the order dated June 11, 2024, by which process under Section 82 Cr.P.C. was issued, until the expiry of the aforesaid period of three weeks. After the expiry of this period, the learned concerned court shall proceed as per law. The application was disposed of with these directions.
Key Issues
1. Whether the Non-Bailable Warrant (NBW) order dated January 23, 2023, and the process issued under Section 82 Cr.P.C. on June 11, 2024, are liable to be quashed on the grounds of lack of knowledge of the proceedings by the applicants, thereby preventing their appearance before the learned Special Judge (Gangster Act)/Additional District Judge, Court No.2, Etah? Contentions: Petitioner/Applicant: Argued that the impugned orders were against facts and law, and their non-appearance was due to a lack of knowledge about the proceedings. They sought to quash the NBW and the process under Section 82 Cr.P.C., along with the entire proceedings. Revenue/State: Opposed the prayer sought through the instant application.
Sections Cited
Section 528 BNSS, Section 82 Cr.P.C.
AI-generated summary — verify with the full judgment below
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.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present application under Section 528 BNSS, has been filed for quashing of 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.
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 p
The judgment continues below.
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