Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 40646 of 2025 Court No. - 74 HON'BLE DEEPAK VERMA, J.
1. Heard learned counsel for the applicant, learned Additional Government Advocate for the State of U.P./opposite party no.1 and perused the record.
2. This application under Section 528 B.N.S.S. has been filed by the applicant to quash the impugned charge-sheet dated 18.08.2014, cognizance/summoning order dated 11.09.2014, non bailable warrant dated 14.03.2023 in Special Criminal Case No.61 of 2014 (State vs. Chandra Dev Tripathi @ Chandra Dev Tripathi) arising out of Case Crime No.382 of 2014, under Sections 323, 324, 504, 506 I.P.C. & Section 3(1)X SC/ST Act, P.S. Naubasta, District Kanpur Nagar, pending in the court of Special Judge SC/ST Act, Kanpur Nagar.
3. From the record, it transpires that on account of the failure of the applicant to appear before the court below, non-bailable warrant has been issued against the applicant by the court below vide order dated
14.03.2023.
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 applicant to appear before the court below.
5. Considering the facts and circumstances of the case, it is provided that the applicant shall appear before the court concerned within three weeks from today and moves an application for recall of non bailable warrant, which shall be considered and disposed of expeditiously in accordance with law. Versus Counsel for Applicant(s) : Suraj Singh Chauhan, Swati Agrawal Srivastava Counsel for Opposite Party(s) : G.A. Chandra Dev Tiwari .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
6. For a period of three weeks, the execution of non bailable warrant issued against the applicant 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 applicant in accordance with law.
8. With the aforesaid direction, the 528 B.N.S.S. application is finally disposed off. October 17, 2025 SKD NA528 No. 40646 of 2025 2 (Deepak Verma,J.) Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad