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2025 DAILYLAW 193307 (ALL)

JITENDRA KUMAR v. STATE OF U.P. AND ANOTHER

NA528/40817/2025 · 2025-10-16

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 40817 of 2025 Court No. - 76 HON'BLE VIKRAM D. CHAUHAN, J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The present application has been filed by the applicant for quashing the entire proceedings of Case No.2619 of 2022 (Rajendra Singh Vs. Jitendra Kumar) under Section 138 N.I. Act, Police Station Bilhaur, District Kanpur Nagar pending in the court of Additional Civil Judge (S.D) 3rd, Kanpur Dehat and impugned summoning order dated 23.11.2022 passed by Judicial Magistrate, Court No.2, Kanpur Dehat as well as impugned NBW order dated 7.8.2025 passed by Additional Civil Judge (S.D) 3rd, Kanpur Dehat. 3. It is submitted by learned counsel for applicant that he is not challenging the summoning order dated 23.11.2022 and the ends of justice would be served in the event, applicant is permitted to appear before the trial court and participate in the trial court proceedings, as the applicant has already been enlarged on bail. 4. Considering the prayer made by learned counsel for applicant, it is provided that non bailable warrant order dated 7.8.2025 passed by Additional Civil Judge (S.D) 3rd, Kanpur Dehat, shall be kept in abeyance in order to permit the applicant to participate in the trial court proceedings. Applicant shall appear before the trial court within two weeks from today. In the event, applicant fails to appear before the trial Versus Counsel for Applicant(s) : Anand Mohan Pandey, Om Prakash Katiyar Counsel for Opposite Party(s) : G.A. Jitendra Kumar .....Applicant(s) State of U.P. and Another .....Opposite Party(s) court, the trial court would be at liberty to proceed to execute the non bailable warrant in accordance with law. 5. With the aforesaid observation/direction, the application under Section 528 BNSS is disposed off. October 17, 2025 D. Tamang NA528 No. 40817 of 2025 2 (Vikram D. Chauhan,J.) Digitally signed by :- DHIRENDRA TAMANG High Court of Judicature at Allahabad