Neutral Citation No. - 2025:AHC-LKO:23016 Court No. - 14 Case :- APPLICATION U/S 482 No. - 3458 of 2025 Applicant :- Dharmesh Kumar Opposite Party :- State Of U.P. Thru. Its Addl. Chief Secy. Home Lko. And Another Counsel for Applicant :- Vijay Kumar Verma Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. The instant application under Section 482 Cr.P.C. read with Section 528 Bharatiya Nagrik Suraksha Sanhita, 2023 (in short "BNSS") has been filed by the applicant with the following prayer:- "For the facts, circumstances and reasons stated in the accompanying affidavit, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the summoning order dated 14.07.2023 passed by the Ld. Special Chief Judicial Magistrate (Custom), Lucknow, in Case No. 92791/2023 under section 498A, 323 & 504 IPC, P.S. Krishna Nagar, District-Lucknow (State Vs. Dharmesh Kumar) and also be pleased to quash the order dated 10.03.2025, passed by the Ld. Additional Chief Judicial Magistrate VII, Lucknow, whereby the Non-Bailable Warrant has been issued against the petitioner in Case No. 92791/2023 under section 498A, 323 & 504 IPC, P.S. Krishna Nagar, District- Lucknow (State Vs. Dharmesh Kumar), including entire proceedings of the FIR No. 0582/2022 under section 498A, 494, 504, & 323 IPC, P.S. Krishna Nagar, District-Lucknow, pending before the Ld. Additional Chief Judicial Magistrate VII, Lucknow. It is further prayed that the charge sheet filed against the applicant Case No. 92791/2023 (State of U.P. Vs. Dharmesh Kumar) under section 498-A, 323 & 504 I.P.C., P.S. Krishna Nagar, District Lucknow, may also be quashed." Learned counsel for the applicant has submitted that an application under Section 156 (3) Cr.P.C. was filed by the respondent no. 3 on 05.07.2014 in which the summon was issued against the applicant on 03.06.2016 and the applicant had appeared and he has been enlarged on bail. Thereafter, almost for the same offences, the respondent no. 2 has filed an FIR on 16.11.2022 by adding an incident dated 14.11.2022 otherwise all other contents of the FIR is the same as it has been narrated in the application filed under Section 156 (3) Cr.P.C. On the other hand, learned AGA has submitted that the applicant has statutory remedy to move an application under Section 210 Cr.P.C. in case where there is complaint case and the case arising out of the police report, the concerned Magistrate may hear the same as if both the cases were instituted on a police report. At this stage, learned counsel for the applicant has submitted that liberty may be given to the applicant to move an application under Section 210 Cr.P.C. and in case any such application is preferred by the applicant, the same may be decided expeditiously. In view of above, the present application is disposed of with liberty to the applicant to move an appropriate application as may be permissible under the law and if any such application is preferred, the court concerned shall make endeavour to decide the same expeditiously, in accordance with law, if there is no any other legal impediment. At this juncture, learned counsel for the applicant has submitted that the applicant is already enlarged on bail in the complaint case preferred by the respondent no. 2 under Section 156 (3) Cr.P.C. and participating in the proceedings, there is no occasion for the applicant to avoid the proceedings so, the court concerned while considering the bail may ignore the non bailable warrant issued against the applicant. Learned AGA has no objection to the aforesaid submission made by learned counsel for the applicant. As such, the court concerned may consider the bail application in accordance with law uninfluenced by the order of non bailable warrant issued against the applicant as he is already enlarged on bail in almost identical case having similar allegations levelled by the respondent no. 2. Order Date :- 23.4.2025 Nitesh Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench