HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 2631 of 2025 Court No. - 76 HON'BLE VIKRAM D. CHAUHAN, J. 1. Heard learned counsel for the applicant and learned AGA for the State. 2. This application has been filed by applicant for quashing the order dated 18.11.2024 passed by the court below by which the court below issued process of N.B.W. and Section 82 Cr.P.C. as well as entire proceeding of Complaint Case No. 1198 of 2012 (Sunita Vs. Shrawan Kumar Upadhayay @ Bidur and others) under Sections 498A, 323, 504, 506, 494/109 I.P.C. and under Section 3/4 D.P. Act, Police Station Lalganj, District Basti, pending before Judicial Magistrate (FTC), Basti. 3. It is submitted by learned counsel for the applicant that on 18.11.2024 non-bailable warrant has been issued against the accused person including the applicant. It is further submitted by learned counsel for the applicant that on 18.11.2024 the applicant was present before the trial court and on the aforesaid fact the impugned order is not tenable. 4. On a query being made to learned counsel for the applicant as to in which paragraph of the affidavit filed in support of the application the aforesaid averment has been made that the applicant was present before the trial court on 18.11.2024, learned counsel for the applicant could not show from any paragraph and only paragraph no. 39 has been relied upon which is quoted hereinbelow: "39. That after the aforesaid complaint case was filed, same is being transferred from one court to another court and the new court issues Versus Counsel for Applicant(s) : Abhishek Goswami, Shiv Pujan Bharti Counsel for Opposite Party(s) : G.A. Shrawan Kumar Upadhayay @ Bidur .....Applicant(s) State of U.P. and Another .....Opposite Party(s) process of NBW and 82 Cr.P.C." 5. The aforesaid fact does not indicate that applicant was present on 18.11.2024. 6. Accordingly, the present application under Section 528 BNSS is dismissed. October 15, 2025 VMA A482 No. 2631 of 2025 2 (Vikram D. Chauhan,J.) Digitally signed by :- VISHWA MOHAN ARORA High Court of Judicature at Allahabad