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2025 DAILYLAW 36807 (ALL)

DEVDUTT SINGH YADAV v. STATE OF U.P. AND ANOTHER

NA528/11168/2025 · 2025-04-06

Raj Beer Singh

Criminal Appealbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:49644 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 11168 of 2025 Applicant :- Devdutt Singh Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashish Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for applicant and the learned A.G.A. for the State. 2. This application u/s 528 B.N.S.S. has been filed for quashing of the order dated 16.03.2019 and non-bailable warrant order dated 16.01.2025, passed by learned Trial Court in Complaint Case No. 1993 of 2015 (Sugna Devi Vs. Devdutt Singh Yadav and Others), under Section 420 I.P.C., Police Station Sarnath, District Varanasi, pending in the court of Additional Chief Judicial Magistrate, Court No. 7, Varanasi. 3. It has been submitted by learned counsel for the applicant that applicant has challenged the proceedings of aforesaid case by filing application under Section 482 Cr.P.C. No. 36146 of 2017, wherein by order dated 03.11.2017, the further proceedings of the aforesaid complaint case were stayed till further orders. The said interim order has neither been vacated nor varied and the said order is still in force but despite that the Trial Court has issued non-bailable warrants against applicant. Learned counsel submitted that in view of aforesaid order dated 03.11.2017 as well as the pronouncement of Hon'ble Apex Court in case of High Court Bar Association Allahabad Vs. State of Uttar Pradesh (Criminal Appeal No. 3589 of 2023), decided on 29.02.2024, the issuance of non-bailable warrants against applicant is against law and violation of the order of this Court. 4. In view of the aforesaid, it is directed that in case applicant moves an application before the Trial Court concerned within a period of two weeks from today, by submitting copy of order dated 03.11.2017 passed an application under Section 482 Cr.P.C. No. 36146 of 2017, as well as referring to pronouncement of Apex Court in case of High Court Bar Association (supra), such application shall be considered and decided by the Court concerned expeditiously in accordance with law. For a period of two weeks from today, no coercive action shall be taken against the applicants in the aforesaid case. 5. The application under Section 528 B.N.S.S. is disposed of in above terms. Order Date :- 7.4.2025 SK Srivastava Digitally signed by :- SAILESH KUMAR SRIVASTAVA High Court of Judicature at Allahabad