Neutral Citation No. - 2025:AHC:42693 Court No. - 70 Case :- APPLICATION U/S 528 BNSS No. - 9282 of 2025 Applicant :- Smt. Sangeeta Devi And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prateek Mishra,Siddhartha Baghel Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Prateek Mishra, the learned counsel for applicants and the learned A.G.A. for State-opposite party-1. 2. Perused the record. 3. Applicants-Smt. Sangeeta Devi and Pawan Kumar, who are charge sheeted accused and facing trial before court below, have approached this Court by means of present application under Section U/S 528 BNSS. with the following prayer: "It is, most respectfully prayed that this Hon'ble court may graciously be pleased to stay entire proceeding and quash the effect and operation of the NBW Warrant and the process U/S 82 Cr.P.C issued against the Applicants order dated 28/2/2025 passed by the learned Addl. Session Judge, Court No.7, Kanpur Nagar in Session Trial Case No.661 of 2024 (State Vs. Sanjeev Kumar), arising out of Case Crime No. 46 of 2024 U/s 302, 342 of I.P.C., P.S. Panki, District Kanpur Nagar. It is further prayed that this Hon'ble Court may further be pleased to stay the entire proceeding and quash the effect and operation of the NBW Warrant and the process U/S 82 Cr.P.C issued against the Applicants order dated 28/2/2025 passed by the learned Addl. Session Judge, Court No.7, Kanpur Nagar in Session Trial Case No.661 of 2024 (State Vs. Sanjeev Kumar), arising out of Case Crime No. 46 of 2024 U/s 302, 342 of I.P.C., P.S. Panki, District Kanpur Nagar, to meet the ends of justice. And/or pass such other or further order which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case." 4. It transpires from record that against order dated 18.12.2024 passed by court below in exercise of jurisdiction under Section 319 Cr.P.C., applicants approached this Court by means of Criminal Revision No. 467 of 2025 (Smt. Sangeeta Devi and another Vs.s State of U.P. and another). In the aforesaid criminal revision following order dated 24.02.2025 was passed by this Court: "1. Heard learned counsel appearing for the revisionists, learned A.G.A. for the State and Sri Atiqur Rahman Siddiqui, learned counsel appearing for Opposite Party No. 2. 2. Let counter affidavit be filed by the opposite parties within a period of six weeks. 3. List this matter on 8.4.2025, in top ten cases. 4. It is made clear that this Court has not passed any interim order in the matter. Order Date :- 24.2.2025 " 5. In spite of clear observations made in aforementioned order that no interim order has been passed in aforementioned criminal revision preferred by applicants, yet applicants failed to appear before court below. In view of above, court below by means of an order dated 28.02.2025 issued coercive process under Section 82 Cr.P.C. against applicant. It is against this order that applicants have now approached this Court by means of present application under Section 528 BNSS. 6. At the very outset, the learned A.G.A. for State-opposite party-1 submits that present application is misconceived inasmuch as the order dated 28.02.2025 is a consequential order, therefore, remedy lies to the applicants to file an application in aforementioned criminal revision seeking stay of the coercive process issued against applicants. On the above premise, the learned A.G.A. thus submits that since present application is directed against the consequential order, therefore, the same is not maintainable. Hence present application is liable to be dismissed by this Court. . 7. When confronted with above, the learned counsel for applicants could not overcome the same. 8. Having heard the learned counsel for applicants, 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 under Section 528 BNSS 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. 9. In view of above, present application fails and is liable to be dismissed. 10. It is accordingly dismissed. Order Date :- 24.3.2025 YK Digitally signed by :- YASHWANT KUMAR High Court of Judicature at Allahabad