HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 42357 of 2025 Court No. - 80 HON'BLE NAND PRABHA SHUKLA, J. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. This application under Section 528 BNSS has been filed to quash the impugned order dated 30.08.2025 issuing the non-bailable warrant against the present applicants under Sections 304, 328 IPC read with Section 34 of IPC in Complaint Case No. 2564 of 2023 Sarman Vs. Kapil and others, under Sections 304/34, 328 IPC, Police Station-Rath, District-Hamirpur pending in the Court of Additional Chief Judicial Magistrate, Hamirpur. It has been submitted by learned counsel for the applicants that the applicants had challenged the summoning order by filing an application u/s 528 BNSS No. 37655 of 2025 wherein the interim protection was granted with the direction to the Court concerned to get the matter expedited. As the applicants did not appear on the previous dates, the non-bailable warrant dated 30.08.2025 has been issued against the applicants by Additional Chief Judicial Magistrate, Hamirpur. At the very outset, learned counsel for the applicants gives an undertaking that the applicants are ready to cooperate in the court proceedings and shall file his objections for early disposal of the complaint case. In view of the above, in case, the applicants appear and participate in the court proceedings, no coercive measures shall be taken against the applicants till the disposal of the complaint case. Versus Counsel for Applicant(s) : Om Prakash Counsel for Opposite Party(s) : G.A. Kapil And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) It is made clear that in case, the applicants do not cooperate and participate in the trial proceeding, they shall not be entitled to the benefit of this order. With the above observations, this application under Section 528 BNSS is disposed of. October 30, 2025 Shivani NA528 No. 42357 of 2025 2 (Nand Prabha Shukla,J.) Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad