Ashok Arya vs. State Of Up Through Principle Secretary (Home) Up At Lucknow & Another
Facts
The applicant, Ashok Arya, filed an application under Section 482 Cr.P.C. seeking to quash a chargesheet dated July 12, 2011, a cognizance/summoning order dated October 29, 2011, a non-bailable warrant (NBW) order dated October 21, 2013, and the entire proceedings of GST No. 335 of 2011. These proceedings arose from Case Crime No. 206 of 2011 under sections 2/3 of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, at Police Station New Agra, District Agra. The applicant contended that the NBW order was issued without his knowledge of the proceedings, preventing his appearance in court. The State, through the learned A.G.A., opposed the application.
Held
The Court considered the facts and circumstances of the matter. It directed the applicant, Ashok Arya, to appear before the learned court concerned in pursuance to the impugned NBW order dated October 21, 2013, within three weeks from the date of the order. The Court further ordered that no coercive action shall be initiated against the applicant in pursuance of GST No. 335 of 2011 for a period of three weeks from the date of the order. After the expiry of this three-week period, the learned 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, but the primary relief sought (quashing of proceedings) was not granted outright; instead, a procedural direction was issued.
Key Issues
1. Whether the non-bailable warrant (NBW) order dated October 21, 2013, in GST No. 335 of 2011, arising from Case Crime No. 206 of 2011 under sections 2/3 of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, is liable to be quashed on the grounds that the applicant had no knowledge of the proceedings leading to his non-appearance and the issuance of the warrant? Petitioner's Contention: The applicant argued that the NBW order was against facts and law, as he had no knowledge of the proceedings initiated against him, which resulted in his failure to appear on the date fixed by the trial court. Revenue's Contention: The learned A.G.A. opposed the prayer for quashing the proceedings.
Sections Cited
Section 482 Cr.P.C., Section 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986
AI-generated summary — verify with the full judgment below
Neutral Citation No. - 2025:AHC:69246 Court No. - 74 Case :- APPLICATION U/S 482 No. - 30581 of 2024 Applicant :- Ashok Arya Opposite Party :- State Of Up Through Principle Secretary (Home) Up At Lucknow & Another Counsel for Applicant :- Mayank Singh,Ram Dulare Singh,Tripuresh Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J.
Heard Sri Vimal Kumar holding brief of Sri Mayank Singh, learned counsel for the applicant and learned A.G.A. for the State.
The present application under Section 482 Cr.P.C., has been filed for quashing the impugned chargesheet no. 238 of 2011 dated 12.07.2011, cognizance/summoning order dated 29.10.2011 passed by learned Special Judge (Gangster Act), Agra, N.B.W. order dated 21.10.2013 as well as the entire proceedings of GST No. 335 of 2011 arising out of Case Crime no. 206 of 2011 under section 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station-New Agra, District Agra.
Learned counsel for applicant submits that impugned N.B.W. order is against the facts and law. The applicant had no knowledge about the proceedings initiated against him due to which he could not appear on the date fixed
The judgment continues below.
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