HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 21586 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard Sri Ratnendu Kumar Singh, learned counsel appearing on behalf of applicants and Sri Deepak Dubey, learned counsel for opposite party no. 3 and 4 and learned AGA for State. 2. Present application has been preferred with prayer to set aside the Non- Bailable Warrant (NBW) order dated 18.4.2025 and impugned proclamation order dated 8.5.2025 passed by learned Additional Chief Judicial Magistrate, Court no. 8, Allahabad under section 84 of BNSS registered as Case Crime no. 117 of 2025 under sections 190, 191(2), 191(3), 109, 110, 117(2), 352, 288, 304(2) BNS, 2023. Further prayer has also been made to direct the learned court of Additional Chief Judicial Magistrate, Court no. 8, Allahabad not to take coercive action by issuing the order under sections 83/85 of Cr.P.C./BNSS against the applicants during pendency of the anticipatory bail application no. 4036 of 2025 (Rakesh Kumar Sharma and others vs. State of U.P. and others) and anticipatory bail application no. 4068/2025 (Ramesh @ Chhotkau and others vs. State of U.P. and others) pending before this Court under sections 190, 191(2), 191(3), 109, 110, 117(2), 352, 288, 304(2) BNS, 2023. 3. Through the instant application, specific orders passed by learned court of Additional Chief Judicial Magistrate, Court no. 8, Prayagraj has been put under challenge through which non-bailable warrants have been issued on dated 18.4.2025. Versus Counsel for Applicant(s) : Prakash Chandra Gupta, Ratnendu Kumar Singh Counsel for Opposite Party(s) : Deepak Dubey, G.A. Rakesh Kumar Sharma And 5 Others .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) 4. Learned counsel for the applicants fairly submitted that till today, charge sheet has not been submitted by concerned Investigating Officer in pursuance to Case Crime no. 117 of 2025 and as such applicants have not been summoned by any specific orders of the concerned court. 5. It is also submitted by learned counsel for the applicants that during pendency of the instant application, applicants already preferred Anticipatory Bail Application since the Anticipatory Bail Application which has been preferred before learned court concerned has already been rejected and this Court considering the grounds taken up in Anticipatory Bail Application no. 4036 of 2024 (Rajesh Kumar Sharma and 2 others vs. State of U.P. and another) preferred before this Court, called the opposite party for filing counter affidavit and rejoinder affidavit in respect of parties and posted the matter for future date vide order dated 18.6.2025 and till the next date of listing, opposite party no. 1 through their subordinates were directed not to arrest the applicants in pursuance to FIR dated 1.4.2025 which has been registered as Case Crime no. 117 of 2024. 6. Learned counsel for the applicants also submitted that as per the section 70 of Cr.P.C/73 of BNSS, with regard to recall of NBW passed by any learned concerned court, the same will be satisfied only on two conditions either the same has to be withdrawn by the same court or the orders for NBW be complied with by way of appearance against whom non-bailable warrant have been issued and as such to challenge the same, the instant application is still surviving for seeking prayer as mentioned therein. 7. Per contra, Sri Deepak Dubey, learned counsel appearing on behalf of opposite party no. 2 submitted that the cause of action for filing instant application has rendered infructuous since as per the order dated 18.6.2025 which is in favour of all the 6 applicants, is still operating through which the protection has been granted for not effecting the order dated 18.4.2025. He also rebutted the stand taken up by learned counsel for the applicants and disputed the fact that there is no charge-sheet preferred at the behest of concerned Investigating Officer as informed by learned counsel for applicants and submitted that charge sheet has already been preferred on dated 5.9.2025. NA528 No. 21586 of 2025 2 8. After hearing rival submissions extended by learned counsel for the parties and after perusal of the order dated 18.6.2025 passed in Criminal Misc. Anticipatory Bail Application u/s 482 BNSS nos. 4068 of 2025 and 4036 of 2025 wherein all the applicants have already been granted interim protection with the specific order that the applicants shall not be arrested in pursuance to Case Crime no. 117 of 2025, this Court finds that effect and operation of order dated 18.4.2025 is now meaningless and further proceeding thereupon is also redundant and has become infructuous. 9. In the light of the above mentioned observations, all the prayer whatsoever has been made through instant application has rendered infructuous and as such application is dismissed as infructuous. October 9, 2025 Shaswat NA528 No. 21586 of 2025 3 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad