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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 23947 of 2025 Court No. - 74 HON'BLE DEEPAK VERMA, J.
1. Heard learned counsel for the applicants, learned Additional Government Advocate for the State of U.P./opposite party no.1 and perused the record.
2. This application under Section 528 BNSS has been filed by the applicant to quash the charge sheet dated 07-08-2019, cognizance/summoning order dated 01-06-2022 as well as entire proceedings of Case No. 5279 of 2022 (State Vs. Sunil and others) arising out of Case Crime No. 1317 of 2019, under section 365 IPC, Police Station-Kavinagar, District-Ghaziabad.
3. Counsel for the applicant submits that applicants were cooperating with the trial court proceedings but on 02.04.2025, the applicant moved exemption application and the trial court in arbitrary manner, refused the same and issued non bailable warrant against the applicants.
4. Learned counsel for the applicant submits that interest of justice shall be served provided some protection is granted by this Court to enable the applicants to appear before the court below.
5. Considering the facts and circumstances of the case, it is provided that the applicants shall appear before the court concerned within two weeks from today and moves an application for recall of non bailable warrant, which shall be considered and disposed of by the court below within a week, in accordance with law. Versus Counsel for Applicant(s) : Narendra Kumar, Sitendra Singh Counsel for Opposite Party(s) : G.A. Vikram And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
6. For a period of two weeks, the execution of non bailable warrant issued against the applicants shall remain stayed.
7. In case of default, the interim protection granted by this Court shall stand automatically vacated and the court below shall be free to proceed against the applicants, in accordance with law.
8. With the aforesaid direction, the 528 BNSS application is finally disposed off. October 30, 2025 Meenu Singh NA528 No. 23947 of 2025 2 (Deepak Verma,J.) Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad