Neutral Citation No. - 2025:AHC:49376 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 9066 of 2025 Applicant :- Smt Anarkali And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prem Chandra Dwivedi Counsel for Opposite Party :- Virendra Kumar,G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Prem Chandra Dwivedi, learned counsel for the applicants, Sri Virendra Kumar, learned counsel for opposite party no.2 and Sri Pankaj Saxena, learned AGA for the State. 2. The present application has been filed to quash the non- bailable warrant issued against the applicants on 20.02.2025 in Session Trial No.1554 of 2024, arising out of Case Crime No.141/2024, under Sections-498-A, 304B IPC and Section 3/4 Dowry Prohibition Act, Police Station-Hariparwat, District-Agra, State Vs. Abdul Sattar and others, pending in the court of Additional Sessions Judge, Court No.26, Agra. 3. After hearing this case, this court passed the following order on 21.03.2025: "1. Vakalatnama filed today by Sri Virendra Kumar, on behalf of opposite party no.2, is taken on record. 2. Heard Sri Prem Chandra Dwivedi, learned counsel for the applicants, Sri Virendra Kumar, learned counsel for opposite party no.2 and Sri Pankaj Saxena, learned AGA for the State. 3. The present application has been filed to quash the non- bailable warrant issued against the applicants on 20.02.2025 in Session Trial No.1554 of 2024, arising out of Case Crime No.141/2024, under Sections-498-A, 304B IPC and Section 3/4 Dowry Prohibition Act, Police Station-Hariparwat, District- Agra, State Vs. Abdul Sattar and others, pending in the court of Additional Sessions Judge, Court No.26, Agra. 4. Contention of learned counsel for the applicants is that after obtaining bail, applicants had been continuously participating in trial. This is also reflected from the order sheet. Their signature is available on the order sheet on 17.02.2025 and 20.02.2025, even then, court below has erroneously issued non-bailable warrant. 5. In view of the above, learned Additional Sessions Judge, Court No.26, Agra is directed to submit his report whether the applicants were present on 17.02.2025 and 20.02.2025 and, if they were present, why the non-bailable warrants has been issued against them. 6. Put up as fresh on 07.04.2025. 7. In the meantime, effect and operation of the warrant dated 20.02.2025 issued against the applicants, shall remain stayed, provided the applicants appear before the court below on the next date. 8. Registrar (Compliance) is directed to send copy of this order to the learned Additional Sessions Judge, Court No.26, Agra, through e-mail and report of learned Additional Sessions Judge, Court No.26, Agra, be obtained through e-mail before the next date of listing." 4. In compliance of the above order, learned Additional Sessions Judge, Court No.26, Agra has forwarded his report dated 02.04.2025 through e-mail id of Registrar (Compliance). As per this report, it is correct that the applicants had appeared before the court below on 17.02.2025 and again on 20.02.2025 but instead of cross examining the PW-1, they remain present in the court and their counsel did not turn up to cross examine PW-1. Therefore, court below rejected the exemption application dated 20.01.2025 filed by the applicants and by mistake issued non bailable warrant on 20.02.2025 instead of 20.01.2025 and on realizing such mistake, the court below recalled the same on 04.03.2025 which was prior to filing of the present case. 5. The above fact shows that there is a bona fide mistake on the part of learned Additional Sessions Judge, Court No.26, Agra and office report also shows that present application has been filed on incorrect facts, despite the recall of the warrant dated 20.02.2025 vide order dated 04.03.2025. When the court proposed to proceed against the applicants for filing false affidavit before this court, then learned counsel for the applicants submits that he may be permitted to withdraw this case. 6. Considering the aforesaid request, present application is dismissed as withdrawn. 7. As the session trial has been pending since 2024 and routine adjournments have been taken by the present applicants, therefore, court below is also directed to conclude the session trial no.1554 of 2024, as expeditiously as possible, without giving unnecessary adjournment to any of the parties. 8. Learned counsel for the present applicants also undertakes that the applicants will participate in the proceeding instead of taking unnecessary adjournment. 9. It is further provided that in case the applicants take unnecessary adjournment or do not cooperate in the trial session, court below is free to proceed against the applicants including cancelling their bail and taking them into custody. 10. Registrar (Compliance) is directed to send copy of this order to the concerned court below. Order Date :- 7.4.2025 S.Chaurasia Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad