Neutral Citation No. - 2025:AHC:65458 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 3974 of 2025 Applicant :- Prabhu Dayal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajendra Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Rajendra Kumar Srivastava, learned counsel for applicant and learned A.G.A. for State. 2. The instant application under section 528 BNSS has been preferred for challenging order dated 03.01.2025, through which it has been informed to Jail Superintendent, Firozabad by learned Additional Chief Judicial Magistrate, Fatehpur for ensuring appearance of applicant in pursuance to Case Crime No.277 of 2024, under section 318(4) BNS and section 66D of I.T. Act on dated 13.01.2025. 3. It is the submission made by learned counsel for applicant that bailable warrants have been issued against the applicant is highly illegal since applicant is already languishing in jail, which is apparent from the custody certificate since 28.07.2024 and as such no bailable warrants can be issued by learned court concerned under the presumption that applicant is not in jail. 4. Per contra, learned A.G.A. sought the attention of Court over the order dated 03.01.2025, which impugned the instant application and submitted that it is not against the applicant, but it is an informatory letter, which has been brought to the notice of Jail Superintendent, Firozabad for ensuring appearance of applicant on specific date as mentioned through order dated 03.01.2025 and as such there is hardly any infirmity in the same and the instant application is misconceived and deserves to be dismissed. 5. After having rival submissions extended by learned counsel for the parties, the arguments raised by learned A.G.A. seems to be justified that there is hardly any order available directly against the applicant, but the information has been extended vide order dated 03.01.2025 issued by learned court of Additional Chief Judicial Magistrate, Fatehpur through which the appearance of applicant has been ensured by way of intimating to Jail Superintendent, Firozabad. 6. In view of aforementioned observation and in the light of facts involved in the instant matter, there is no case of interference by this Court at this stage. 7. The instant application stands dismissed accordingly. Order Date :- 28.4.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad