Sanjay Kumar Vs State of U.P. and Another

Neutral Citation No. - 2025:AHC:26505

Court No. - 74

Case :- APPLICATION U/S 528 BNSS No. - 4513 of 2025

Applicant :- Sanjay Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shiv Bahadur Singh,Siddharth Rai Counsel for Opposite Party :- G.A.

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Hon'ble Vikas Budhwar,J.

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Heard Shri S.B. Singh, learned counsel for the applicant and Shri Moti Lal, learned A.G.A for the State.

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This is an application under Section 528 of BNSS wherein challenge to an order dated 09.12.2023 passed by the Revisional Court in Criminal Revision No. 102 of 2021 (Sanjai Kumar and Another Vs. State of U.P.) whereby the order dated 07.08.2020, passed by CJM Azamgarh in Case Crime No. 11112 of 2019 (State Vs. Sanjai Kumar and others), under Section 3 (1)(2) (3)/23, 25 P.C. P.N.D.T. Act is made.

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Learned counsel for the applicant submits that with respect to the proceedings emanating under the provisions of Section 3(1), 2(3)/23-25 of Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection), Act an application under Section 482 No. 41707 of 2019 (Sanjay Kumar and others Vs. State of U.P.) was preferred which came to be dismissed on 03.12.2019 against which a Special Leave to Appeal (Criminal) No. 2025 of 2020 was preferred by the applicant which was dismissed on 27.05.2020, however, eight weeks time was granted to appear before the Trial Court.

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Learned counsel for the applicant submits that in the meantime pandemic relating to Covid-19 came into effect and as per the judgment of the Hon'ble Apex Court in the case of In Re: Cognizance for Extension of Limitation 2022 Law Suit (SC) 35, the period from 15.03.2020 till 28.02.2022 stood excluded, however, on 07.08.2020 without waiting any bailable warrant a non bailable warrant came to be issued.

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Learned counsel for applicant submits that against the said order the applicant preferred a revision which came to be rejected by the Revisional Court on 09.12.2022. Learned counsel for the applicant

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submits that there happens to be a judgment of the Hon'ble Apex Court that first bailable warrant is to be issued then non bailable warrant and the in the present case in hand the facts and circumstances of the present case itself depicts that there was Covid-19 and thus the period of the Covid-19 would come to an end in the month of February, 2022, however, on 07.8.2022 non bailable warrants have been issued.

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Learned counsel for applicant seeks to rely upon the decision in the case of (Sharif Ahmad Vs. State of U.P.) Application Under Section 482 No. 20655 of 2024 decided on 01.07.2022. Learned A.G.A. on the other hand submits that first of all there happens to be an order of Hon'ble Apex Court whereby the SLPs stood dismissed, however, eight weeks time was granted to the applicant to appear before the Trial Court. Thus, once the said period stood lapsed then excuse of Covid-19 will not come into the way. He further submits that it is always for the applicant to surrender before the Court below and to seek bail or discharge as the case may be in view of the above maintainability of the said proceedings.

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Having heard the learned counsel for the applicant as well as learned A.G.A. I am of the opinion that the revisional order which has been subject matter of challenge is dated 09.12.2022 and the present application has been presented before the Court on 23.01.2025. Besides the same it was always open for the applicant to have preferred to appear before the Court below and seek bail/discharge as the case may be. Nothing prevents the applicant to take such a step and in case such a proceeding is being drawn post surrender then the same shall be decided strictly in accordance with law and the applicant may also stake his claim in view of the orders passed in Judgement of this Court in the case of Sharif Ahmad (Supra).

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With the said observations, the application stands consigned to records.

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Order Date :- 24.2.2025 Saurabh

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Digitally signed by :- SAURABH High Court of Judicature at Allahabad

Sanjay Kumar v. State of U.P. and Another

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