Fareem vs State of U.P. and Another

Neutral Citation No. - 2024:AHC:125268

Court No. - 80

Case :- APPLICATION U/S 482 No. - 21124 of 2024

Applicant :- Fareem Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ajay Kumar Jagdish Counsel for Opposite Party :- G.A.

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Hon'ble Vinod Diwakar,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State.

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The present application under Section 482 Cr.P.C. has been filed for quashing the impugned order dated 3.3.2023 passed by learned Additional District & Sessions Judge, Court No.3, Saharanpur in Special Case No.258 of 2018, titled as State v. Fareem, under section 8/20 of NDPS Act, Police Station Janakpuri, District Saharanpur, whereby non-bailable warrants were issued against the applicant.

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Learned counsel for applicant submits that impugned 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 by the trial court, hence, non-bailable warrant was issued against the applicant.

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Per contra learned A.G.A has opposed.

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Considering the facts and circumstances of the matter, it is directed that in case the applicant appears and moves appropriate application before the trial court for setting aside the impugned order, the same shall be decided expeditiously in accordance with

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law. For a period of 15 days or till the applicant moves an application before the trial court, whichever is earlier, no coercive action shall be taken against the applicant. Further, the court shall not entertain the fictitious and repetitive personal exemption application, and if filed, the same shall be dismissed with reasonable costs.

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The application is disposed of accordingly.

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Order Date :- 2.8.2024 Anil K. Sharma

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Justice Vinod Diwakar

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Digitally signed by :- ANIL KUMAR SHARMA High Court of Judicature at Allahabad

Fareem v. State of U.P. and Another

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Fareem v. State of U.P. and Another

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