Virendra Kumar Alias Krishna Vs State of U.P. and Another

Court No. - 70

Case :- APPLICATION U/S 528 BNSS No. - 15277 of 2025

Applicant :- Virendra Kumar Alias Krishna Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shiv Bahadur Singh,Sunil Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Misra,J.

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Heard Mr. Sunil Kumar Singh, the learned counsel for applicant and the learned A.G.A. for State-opposite party-1.

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Perused the record.

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Applicant-Virendra Kumar Alias Krishna, who is a charge sheeted accused and facing trial before court below, has approached this Court by means of present application under Section 528 BNSS with the following prayer

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"It is, therefore, Most Respectfully prayed that this Hon'ble Court may kindly be pleased to allow the application and quash the Non Bailable warrant dated 08.07.2022 passed in S.T. No. 51 of 2020 (State Vs. Virendra Kumar Alias Krishna), arising out of Case Crime No. 929 of 2019, under section 376, 342, 504, 506 I.P.C., and % Pocso Act, Police Station - Hadiya, District - Prayagraj, pending in the court of learned Special Judge Pocso Act, Prayagraj.

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It is further prayed that this Hon'ble Court may graciously be pleased to stay the further proceeding of the S.T. No. 51 of 2020 (State Vs. Virendra Kumar Alias Krishna), arising out of Case Crime No. 929 of 2019, under section 376, 342, 504, 506 I.P.C., and % Pocso Act, Police Station Hadiya, District Prayagraj, pending in the court of Special Judge Pocso Act, Prayagraj, as well as Non Bailable warrant dated 08.07.2022.

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And or to pass such other and further suitable order, which this Hon'ble Court may deem fit are and proper in the circumstances of the case, otherwise the Applicants shall suffer irreparable loss and injury."

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At the very outset, the learned A.G.A. has raised a preliminary objection by contending that applicant was enlarged on bail on 02.06.2022. However, subsequently, he absconded from the proceedings of concerned Sessions Trial from 08.07.2022. In spite of the fact that a period of almost three years is about to expire, applicant has not yet appeared before court below. On account of non-co-operation of the applicant, the proceedings of concerned Sessions Trial have remained held up for almost three years. On the above conspectus, the learned A.G.A submits that no interference is warranted by this Court in present application.

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When confronted with above, the learned counsel for applicant could not overcome the same.

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Having heard the learned counsel for applicant, the learned A.G.A. for State-opposite party-1 and upon perusal of record, this Court finds that the preliminary objections raised by the learned A.G.A. in opposition to this application under Section 528 BNSS. are not only borne out from the record but furthermore the same could not be dislodged by the learned counsel for applicant with reference to the record at this stage. As such, no good ground exists to entertain the present application.

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In view of above, present application fails and is liable to be dismissed.

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It is accordingly dismissed .

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Order Date :- 13.5.2025 YK

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

Virendra Kumar Alias Krishna v. State of U.P. and Another

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Virendra Kumar Alias Krishna v. State of U.P. and Another

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