Neutral Citation No. - 2025:AHC:26517 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 4515 of 2025 Applicant :- Malkhan Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Umesh Chandra Prajapati Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri U.C. Prajapati, learned counsel for the applicant as well as Vikas Sharma, State Law Officer for the State. 2. This is an application under Section 528 of BNSS seeking to quash the entire proceedings as well as summoning order dated 04.03.1997 as well as Non-Bailable Warrant Order dated 13.09.2024 passed in Complaint Case No. 35/XI/1997) (new Complaint Case No. 1307/IX/2013) (State Vs. Malkhan Singh) under Section 420 of IPC, P.S. Girwan, District Banda pending in the Court of Chief Judicial Magistrate, Banda. 3. Learned counsel for the applicant submits that on 26.05.1995 an FIR is lodged against the applicant by the opposite party No. 2 relatable to commission of offences on 24.10.1994. Learned counsel for the applicant submits that on 06.10.1995, a final report stood submitted and thereafter the court below took cognizance of the matter and summoned the applicant under Section 420 on 04.03.1997. Learned counsel for the applicant submits that on 04.03.1997 non bailable warrant has been issued 13.09.2024. Learned counsel for the applicant submits that he has been falsely implicated in the said case. 4. Learned AGA submits that already summoning order has been issued wayback in the year 1997 itself and it is for the applicant to surrender and to apply for bail as offences are made out. 5. Having heard learned counsel for the applicant and the State Law Officer, I am of the opinion that the offences are made out and it is for the applicant to surrender and to seek bail. 6. Accordingly, the application is consigned to record requiring the applicant to surrender and seek bail and, in case, such a process is adopted by the applicant the Court has no reasons to disbelieve that the bail shall be strictly in accordance with law. Order Date :- 24.2.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad