HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 37018 of 2025 Court No. - 82 HON'BLE SAMEER JAIN, J. 1. Heard Sri Nikhil Srivastava, learned counsel for the applicant and Sri Rahul Srivastava, learned counsel for CBI. 2. The instant application has been filed by the applicant with a prayer to quash the non bailable warrant and initiation of proceeding u/s 82 Cr.P.C. dated 8.8.2025 and 22.8.2025, respectively, issued by Special Judge, Anti Corruption CBI, Court No. 1, Ghaziabad, CBI Vs. Dinesh Kumar Aggarwal in Special Case No. 11 of 2021 CBI Vs. Dinesh Kumar Aggarwal and others, under sections 420, 467, 468, 471, 120-B IPC and 13(2) r/w 13(1) (d) of P.C. Act arising out of case crime No. RC. 1202017A0005 u/s 120-B, 420, 468 & 471 IPC and Section 13(2) r/w 13(1)(d) of P.C. Act, P.S. CBI, ACB, Ghaziabad, District Ghaziabad. 3. Learned counsel for the applicant submitted that applicant is accused in the present matter and as he suffered with hepatitis, he could not appear before the trial court but on 8.8.2025 non bailable warrants were issued against him and thereafter on 22.8.2025 proclamation under section 82 Cr.P.C. has also been issued. 4. He further submitted that both the orders dated 8.8.2025 and 22.8.2025 passed by the court concerned are illegal as it cannot be said that applicant was willfully trying to either evade the process of law or warrants. 5. He further submitted that only due to bad health of the applicant, he could not appear before the trial court. He further submitted that medical prescription of the applicant dated 6.8.2025 has been annexed at page-45 of the paper book. 6. He further submitted that applicant has given an undertaking that in future he will regularly attend the trial court and will co-operate with the trial. 7. He further submitted that in the instant matter, before the trial court tomorrow is the date fixed and applicant is ready to appear before the trial court on tomorrow and if tomorrow, he fails to appear then trial court may proceed against him. Versus Counsel for Applicant(s) : Hari Shanker Srivastava, Nikhil Srivastava Counsel for Opposite Party(s) : Rahul Srivastava Rahul Chaudhary .....Applicant(s) Central Bureau Of Investigation And Another .....Opposite Party(s) 8. Per contra, learned counsel for the CBI opposed the prayer and submitted that as applicant did not appear on 8.8.2025 and 22.8.2025 therefore, trial court had to issue non bailable warrants against him and thereafter proclamation u/s 82 Cr.P.C. was also issued and both the orders can not be said to be illegal. 9. I have heard learned counsel for the parties and perused the record of the case. 10. By way of instant application, applicant challanged the orders dated 8.8.2025 and 22.8.2025 passed by the trial court by which non bailable warrants and process under section 82 Cr.P.C. have been issued against him. Considering the medical prescription of the applicant which has been annexed alongwith the instant application, argument advanced by learned counsel for the applicant that he was not absconder cannot be completely brushed aside. 11. Further, applicant has given an undertaking that in future he will regularly attend the court proceedings and during the course of argument learned counsel for the applicant also assured that tomorrow is the date fixed and applicant will appear tomorrow before the trial court. 12. Considering the above facts, orders dated 8.8.2025 and 22.8.2025 are hereby quashed. 13. Applicant is directed to appear before the trial court on the next date fixed in the matter. 14. It is, however, made clear that if on the next date, applicant fails to appear then trial court will be at liberty to take coercive action against the applicant in accordance with law. 15. With the aforesaid, direction, the instant application stands disposed off. September 24, 2025 Ankita NA528 No. 37018 of 2025 2 (Sameer Jain,J.) Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad