Neutral Citation No. - 2025:AHC:58383 Court No. - 70 Case :- APPLICATION U/S 528 BNSS No. - 6982 of 2025 Applicant :- Pradeep Opposite Party :- State of U.P. and Another Counsel for Applicant :- Chandra Prakash Pandey,Saurabh Shukla Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Saurabh Shukla, the learned counsel for applicant and the learned A.G.A. for State-opposite party-1. 2. Perused the record. 3. Applicant-Pradeep has approached this Court by means of present application under Section 482 Cr.P.C. with the following prayer: "It is therefore most respectfully prayed that this Hon'ble Court may graciously be pleased to allow this application and set-aside the impugned order dated 20.01.2025 passed by Chief Judicial Magistrate, Bareilly in Case Crime No.335 of 2022, under Sections 302, 201, 376A IPC, Police Station -Bhuta, District Bareilly, (State Vs. Pradeep and other). It is further prayed that this Hon'ble Court may kindly be pleased to stay the impugned order dated 20.01.2025 passed by Chief Judicial Magistrate, Bareilly along with stay the proceeding of Case Crime No.355 of 2022, under Sections 302, 201, 376A IPC, Police Station -Bhuta, District Bareilly, (State Vs. Pradeep and other) during the pendency of the present application before this Hon'ble Court, And/or pass such other and further order which this Hon'ble court may deem fit and proper under the facts and circumstances of the case." 4. Learned counsel for applicant submits that Apex Court in the case of State Vs. Daud Ibrahim Kaskar (2000) 10 SCC 438 has already held that during course of investigation the Investigating Officer cannot written an application to the Court for issuance of non-bailable warrant against the prospective accused for his custody. On the above premise he therefore, submits that order impugned in present application is manifestly illegal being in excess of jurisdiction. Consequently, the same is liable to be quashed by this Court. 5. Per Contra, the learned A.G.A. representing State-opposite party-1 has vehemently opposed the present application. Learned A.G.A. has referred to various documents on record to demonstrate that the applicant is illegally avoiding the process of court. It is thus urged by the learned AGA that since applicant is not co-operating in the investigation and further on account of non-cooperating conduct of applicant coercive process under Sections 82/83 Cr.P.C. has also been initiated against the applicant. However, the proceedings regarding issuance of coercive process against the applicant have not been impugned in present application. Learned AGA further submits that on account of non- cooperating conduct of applicant a reward of Rs.25,000/- was also fixed against the applicant. On the above premise he therefore, submits that no interference is warranted by this Court in present application. However, the learned AGA could not over come the judgment of the Supreme Court referred to above. 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 no useful purpose shall be served in keeping this application pending. The issue that has emerged for consideration in this application is no longer res integra and stands settled by the judgment of the Supreme Court in the case of Daub Ibrahim Kakar (Supra) wherein it has been held that the Investigating Officer cannot apply to the court for issuance of non bailable warrant against the prospective accused during pendency of investigation. This being the settled position the order impugned cannot be sustained as it is contrary to the aforementioned judgment of the Supreme Court. As a result the present application succeeds and is liable to be allowed. 7. It is accordingly allowed. 8. The impugned order dated 20.01.2025 passed by Chief Judicial Magistrate, Bareilly in Case Crime No.335 of 2022, under Sections 302, 201, 376A IPC, Police Station -Bhuta, District Bareilly, (State Vs. Pradeep and other) is hereby quashed. Order Date :- 16.4.2025 Md Faisal Digitally signed by :- MOHD FAISAL High Court of Judicature at Allahabad Digitally signed by :- MOHD FAISAL High Court of Judicature at Allahabad