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Neutral Citation No. - 2025:AHC:54603 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 12350 of 2025 Applicant :- Durgesh And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J.
1. Heard learned counsel for the applicants and learned A.G.A. for the State.
2. The present application under Section 528 of Bhartiya Nagarik Suraksha Sanhita (hereinafter referred as 'BNSS') has been filed for quashing of the entire proceedings, including summoning order dated 10.12.2021, passed in application No. 3275 of 2021, arising out of complaint case No. 1488 of 2022, under Sections 504, 506, 354 IPC, P.S. Loni Border, District Ghaziabad, pending in the court of A.C.J.M./C.J.(S.D.)/F.T.C., Ghaziabad, as well as for quashing of the non-bailable warrants dated 07.05.2024 and 29.01.2025 passed in the aforesaid case.
3. At the outset it may be mentioned that the impugned summoning order has been passed on 10.12.2021 and that applicants have appeared before the trial court in the year 2022 but this application under Section 528 BNSS has been filed on
11.03.2025. It is correct that there is no period of limitation prescribed for filing of an application under Section 528 BNSS but it is well settled that such application has to be filed within a reasonable period. Thus, so far as the impugned summoning order dated 10.12.2021 is concerned, it appears that this application under Section 528 BNSS is suffering from vice of gross delay and laches and thus, the same is liable to be dismissed on this ground
alone.Hence, the prayer for quashing of the impugned summoning
order dated 10.12.2021 is hereby refused.
4. So far the impugned orders dated 07.05.2024 and 29.01.2025 are concerned, by these orders non-bailable warrants were issued against applicants. Considering facts of the matter, it is directed that in case applicants appear/surrender before the trial court concerned within a period of three weeks from today and apply for bail/cancellation of non-bailable warrants, their application shall be considered and decided expeditiously in accordance with law. For a period of three weeks from today or till the applicants appear/surrender before the court concerned, whichever is earlier, no coercive action shall be taken against the applicants.
5. The application under Section 528 BNSS is disposed of finally in above terms.
Order Date :- 15.4.2025 Anand Digitally signed by :- ANAND VERMA High Court of Judicature at Allahabad