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Neutral Citation No. - 2025:AHC:41686 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 9067 of 2025 Applicant :- Princika Gupta Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
2. This application under Section 528 BNSS has been preferred against order dated 21.02.2025, passed by learned Judicial Magistrate, Amroha in Complaint Case No. 5792 of 2020 (Nishant Gupta Vs. Princika Gupta), under Section - 379 I.P.C., Police Station - Amroha Nagar, District - Amroha, whereby non-bailable warrants have been issued against the applicant.
3. It is submitted by learned counsel for applicant that applicant is wife of the opposite party No.2. The complaint filed by the opposite party No.2 was dismissed by the learned Magistrate vide order dated 15.07.2021. The opposite party No.2 has preferred a criminal revision against order dated 15.07.2021, which was allowed by the Session Court vide order dated 20.12.2021 by directing that applicant be summoned for offence under Section - 379 I.P.C.. The applicant has challenged the said order dated 20.12.2021 before this Court by filing petition under Article 227 No. 3130 of 2022, wherein by order dated 06.05.2022, the matter was referred for mediation and it was directed that for a period of three months or till the submission of report of mediation centre, whichever is earlier, no coercive action shall be taken against applicant. The said interim order was further extended by this Court vide order dated 23.05.2024. It was submitted that the said interim order was further extended by this Court on 20.03.2025. It was submitted that in view of these
facts and circumstances, issuance of non-bailable warrants against applicant by
impugned order dated 21.02.2025 is in violation of the orders of this Court. Referring to facts of the matter, it was submitted that impugned order, by which non-bailable warrants have been issued against applicant, is against law and thus, liable to be set aside.
4. Learned A.G.A. has opposed the application and submitted that in view of interim order of this Court appropriate order may be passed.
5. I have considered the rival submissions and perused the record.
6. Considering submissions of learned counsel for the parties and perusing the record, it appears that by order dated 06.05.2022, passed in petition under Article 227 No. 3130 of 2022, it was directed by this Court that for a period of three months or till the submission of report of mediation centre, whichever is earlier, no coercive action shall be taken against applicant in aforesaid case. The said interim
order was further extended by order dated 23.05.2024. It was submitted by learned counsel for the applicant that said interim order has further been extended on
20.03.2025. It appears that the orders dated 23.05.2024 and 20.03.2025 passed by this Court have not been brought into the notice of the Trial Court.
7. In view of aforesaid facts, it is directed that in case applicant moves an application before the Trial Court concerned within a period of two weeks from today for cancellation of non-bailable warrants, by submitting certified copies of
order dated 23.05.2024 and 20.03.2025, the Trial Court shall consider the matter and pass an appropriate order in accordance with law. It is further directed that for a period of two weeks from today or till the applicant moves an application before the Trial Court concerned, whichever is earlier, no coercive action shall be taken against applicant.
8. With the aforesaid observations, the instant application under Section - 528 BNSS is disposed of.
Order Date :- 21.3.2025/S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad