Neutral Citation No. - 2025:AHC:33425 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 7635 of 2025 Applicant :- Mohd. Shamshad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kamalesh Kumar Nishad,Ram Awadh Maurya Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Ram Awadh Maurya, the learned counsel for applicant and the learned A.G.A. for State-opposite party-1. 2. Perused the record. 3. Applicant-Mohd. Shamshad, who is a charge sheeted accused, has approached this Court by means of present application under Section 528 BNSS with the following prayer:- " It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow this application and quash the impugned NBW Order dated 16.01.2025 passed by the learned Additional Sessions Judge/F.T.C-I, Basti in S.T. No.120 of 2018 (State Vs. Mohd. Yaqub and Others), arising out of Case Crime No.52 of 2018, under Sections 147, 452, 504, 506, 302, 120B IPC at Police Station- Rudhauli, District- Basti; pending before the court of Additional Sessions Judge/F.T.C-I, Basti; otherwise applicant will suffer irreparable loss and injury. It is further prayed that this Hon'ble Court may also be pleased to stay the further proceedings against the applicant in S.T. No.120 of 2018 (State Vs. Mohd. Yaqub and Others), arising out of Case Crime No.52 of 2018, under Sections 147, 452, 504, 506, 302, 120B IPC at Police Station- Rudhauli, District- Basti, pending before the court of Additional Sessions Judge/F.T.C-I, Basti and further not to take any coercive action against the applicant in the instant case, during the pendency of the instant application before this Hon'ble Court; otherwise applicant will suffer irreparable loss and injury. And/or pass such other and further order which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case." 4. At the very out, the learned A.G.A. invited the attention of Court to the order dated 16.01.2025 passed by court blow, copy of which is on record and is at page 47 of the paper book. With reference to above, the learned A.G.A. submits that the learned counsel appearing on behalf of accused/applicant before court below has himself given an undertaking that all the accused shall appear before court below within next 10 working days. Irrespective of aforementioned undertaking when the matter was fixed for 27.01.2025, an exemption application was filed on behalf of accused/applicant, which was rejected by court below and simultaneously non-bailable warrant has been issued against applicant. On the basis of above, the learned A.G.A. submits that no illegality has been committed by court below in passing the order impugned. As such, the present application is liable to be dismissed. 5. When confronted with above, the learned counsel for applicant could not overcome the same. 6. Having heard the learned counsel for applicant, the learned A.G.A. for State-opposite party-1 and upon perusal of record this court finds that the objections raised by the learned A.G.A. in opposition to this application are not only borne out from the record but furthermore, the same could not be dislodged by the learned counsel for applicant with reference to the record at this stage. As such, no good ground exists to entertain the present application. 7. In view of above, present application fails and is liable to be dismissed. 8. It is, accordingly, dismissed. Order Date :- 7.3.2025 YK Digitally signed by :- YASHWANT KUMAR High Court of Judicature at Allahabad