Neutral Citation No. - 2025:AHC:74124 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 11390 of 2025 Applicant :- Mohammad Alam @ Mohd. Mahamood Alam Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shashi Kumar Tiwari Counsel for Opposite Party :- Dharmendra Singh Chauhan,G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Ram Raj Pandey holding brief of Sri Shashi Kumar Tiwari, learned counsel for the applicant, Sri Sandeep Srivastava, learned AGA for the State and Sri D.S. Chauhan for the opposite party no. 2. 2. This application u/s 528 of BNSS has been preferred for quashing the cognizance/summoning order dated 30.11.2013 passed by Learned Additional Chief Judicial Magistrate-1st, Agra along-with quash the proceeding of Complaint Case No. 642 of 2013, Under Section 26(2) of the Uttar Pradesh Development Act 1973, Police Station Tajganj, District Agra (A.D.A Vs Mohammad Alam). 3. Learned counsel for the applicant has submitted that a complaint was lodged by the opposite party no. 2 on 27.11.2013 being Complaint Case No. 642 of 2013 under Section 26(2) of the U.P. Urban Planning and Development Act, 2013 with an allegation that there had been violations of the Act. Learned counsel for the applicant has submitted that summons have been issued on 30.11.2023 against the applicant who even in fact is not the accused as the accused in the said complaint is Mohammad Alam resident of House No. HIG-8 Taj Nagari Phase-1 Tajganj Ward, Thana Tajganj, District Agra, however, the applicant is Mohammad Mahmood Alam who happens to be Senior Technical Officer-2 working in National Jalma Institute for Leprosy & other Mycobacterial Diseases (ICMR). He also invites the attention of the Court towards paragraph 12 and 13 to buttress his submission. Learned counsel for the applicant has submitted that now non- bailable warrants have also been issued against the applicants probably of mis-identity in that regard. 4. Learned AGA as well as the counsel appearing for the opposite party no. 2 submits that the issue as to whether the applicant is actually the accused or not is a matter which is subject matter of trial, however, since non-bailable warrants have been issued, it is open for the applicant to file an application for recalling of the non-bailable warrants and plead his case before the court below for substantiating that he is not the accused. 5. Learned counsel for the applicant has no objection to the same and he gracefully accepts the suggestion so made by the opposite party no. 2. 6. Having heard the submissions so made across the bar as well as the overall fact situation, the question as to whether the applicant has committed offence or not is a matter of trial, however, since non-bailable warrants have already been issued, thus, the application is being disposed of directing the applicant to submit a recall application for recalling of the non-bailable warrants by 30.05.2025 and to surrender and obtain bail. On the said application, the court below shall pass orders strictly in accordance with law. Order Date :- 7.5.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad