Neutral Citation No. - 2025:AHC-LKO:18441 Court No. - 14 Case :- APPLICATION U/S 482 No. - 10154 of 2024 Applicant :- Satyendra @ Monu @ Satyendra Pratap Singh Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. U.P. And Another Counsel for Applicant :- Jaibind Singh Rathour,Kartik Rawat,Yogendra Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. 1. Heard learned counsel for the applicant, learned AGA for the State-respondents and perused the record. 2. The present application under Section 528 BNSS has been filed with the following reliefs: "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the entire proceedings of Criminal Case / S.T. No. 375 of 2012; State Versus Ram Kumar Mishra and others, arising out of Case Crime No. 1478/2007 registered under sections 147, 148, 149, 384, 323, 504, 506, 307 I.P.C. & 2/3 U.P. Gangster Act, relating to Police Station - Kotwali Nagar, District- Raebareli, pending in the Court of learned Additional Session Judge, Gangster Court Raebareli, so far as same relate to petitioner as well as impugned order dated 04-10-2022 by which N.B.W. + N.S. (Notice for sureties) + 82 Cr.p.c. was issued against the petitioner passed by the Court of learned Additional Session Judge / Gangster Court Raebareli, so far as the same relate to the petitioner contained here as Annexure No. 1 to this petition, in the interest of law and justice." 3. Learned counsel for the applicant submits that an FIR was lodged by the complainant under Sections 147, 148, 149, 384, 323, 504, 506, 307 I.P.C. & 2/3 U.P. Gangster Act against the applicant and other co-accused persons after which the Sessions Trial No. 375 of 2012 commenced. In the said sessions trial, the case of the applicant was separated and a new Sessions Trial No. 375A of 2012 was registered and proceedings in that case has started separately. In the said Sessions Trial No. 375A of 2012, the applicant regularly appears before the court concerned except on few dates but till date neither any order of bailable warrant or non bailable warrant has ever been issued in the said case but in the original Session Trial No. 375 of 2012 non bailable warrants have been issued on 4.10.2022 and 24.10.2024 against the applicant, ignoring completely that in the Sessions Trial No. 375 of 2012, the applicant is no more an accused person and his trial is running separately as Sessions Trial No. 375A of 2012. He further submits that the applicant undertakes that in the Sessions Trial No. 375A of 2012, he will cooperate in the proceedings. 4. Learned AGA has very fairly submitted that after the separation of the trial, issuance of non bailable warrants in the original case i.e. Sessions Trial No. 375 of 2012 against the applicant is bad in the eyes of law. 5. After hearing the learned counsel for the parties and having gone through the record of the case, it is found that initially the case was registered as Sessions Trial No. 375 of 2012 against the applicant and other co-accused persons but by the order dated 20.8.2016 the case of the applicant was separated and was registered as Sessions Trial No. 375A of 2012, in which the applicant is appearing and till date no order of bailable warrant or non bailable warrant has ever been issued against the applicant. Non bailable warrants were issued by passing the impugned orders dated 4.10.2022 and 24.10.2024 in Sessions Trial No. 375 of 2012 are bad in eyes of law as the applicant is not accused in the said session trial. His case is proceeding separately. 6. In view of the facts and circumstances mentioned above, the application under Section 528 BNSS/428 Cr.P.C. is allowed and the impugned order dated 4.10.2022 and 24.10.2024 are hereby quashed. Order Date :- 2.4.2025 AKK Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench