Neutral Citation No. - 2025:AHC:114246 Court No. - 53 Case :- APPLICATION U/S 528 BNSS No. - 11936 of 2025 Applicant :- Lalley Dubey @ Aunrag Dubey And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Saumya Mishra,Tejasvi Misra Counsel for Opposite Party :- G.A. Hon'ble Ram Manohar Narayan Mishra,J. (Order on Amendment Application) 1.Heard learned counsel for the applicants, learned counsel for the respondent No.2 and learned A.G.A. for the State. 2. Learned counsel for the applicant filed amendment application alongwith affidavit, whereby the applicants seeks to assail further order passed after quashing the impugned order dated 19.09.2023 in the present application. 3. Application for amendment is allowed. 4. Learned counsel for the applicants is permitted to make necessary correction in the prayer clause of the petition under Section 528 BNSS during course of the day. (Order on petition under Section 528 BNSS) 1. By means of instant application under Section 528 BNSS, the applicant has prayed for quashing the Non Bailable Warrant issued vide order dated 19.09.2023 passed by learned A.C.J.M., Kanpur Dehat in Case No.352 of 2010, arising out of Case Crime No. 3 of 2010 under Sections 147, 148, 323, 504, 506, 452, 427 IPC, at Police Station Mangalpur, District Kanpur Dehat. 2. Learned counsel for the applicant contends that earlier the applicants have been granted bail by the competent court, thereafter as they failed to appear before the trial court, NBW was followed vide order dated 19.09.2023. Thereafter process under Section 82 Cr.P.C. was also issued. 3. He next submitted that earlier vide order dated 24.05.2014 NBW was issued against the applicants, which was cancelled by learned trial court in terms of order passed by this Hon'be Court in application under Section 482 Cr.P.C. No.35695 of 2018 on 09.10.2018. The absence of applicant was not deliberate, but they failed to appear before the court below for reasons beyond their control. The applicants have assailed NBW issued against them, as well as other order including the order under Section 482 Cr.P.C. 4. In fact the applicants resides in Ghaziabad for earning their livelihoods. Thus the warrants and summons issued against them at the given address Kanpur Dehat could not be served upon them, as no one resides on this address. The applicants undertake to abide by the conditions on bail imposed by learned trial court. In case the warrants and coercive process issued against them is cancelled by orders of learned trial court on indulgence of this Hon'ble Court. 5. Per contra, learned counsel for the respondent No.2 submitted that when the applicants have failed to appear before the trial court since 2020, for which the trial has become stand still. The applicants are not cooperating in due proceedings pending before the court below. 6. Considered the submissions made by the learned counsel for the applicants and perused the impugned order as well as the other materials brought on record. Without expressing any opinion on the merits of the case, this application is disposed of with the following direction: (i) the applicants shall move an application to cancel the non- bailable warrants issued against them before the court below within three weeks from today along with the certified copy of this order; (ii) in that case the concerned court will exercise its discretion to pass appropriate order thereon to either recall the non bailable warrants issued against the applicants or to direct the applicants to file fresh bail bonds within a further period of one week, thereafter; (iii) for a period of six weeks from today, non-bailable warrants issued against the applicants shall be kept in abeyance. 7. In the event of failure, on part of the applicants to act within time as directed above, the Court below may adopt all coercive measures to ensure their appearance. Order Date :- 15.7.2025 Ashish/- Digitally signed by :- ASHISH KUMAR SINGH High Court of Judicature at Allahabad