Neutral Citation No. - 2025:AHC:75100 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 16196 of 2025 Applicant :- Bhagwan Swaroop Kulshrestha Opposite Party :- State Of U.P. And Anothe2 Counsel for Applicant :- Kirti Kumar Nirkhi,Shobhit Saxena Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri K.K.Nirkhi, learned counsel appearing on behalf of applicant and learned AGA for State. 2. Present application has been preferred with the prayer to quash the impugned order dated 25.03.2025 by which learned Special Judge, Dacoity Affected Area/3rd Additional District & Session Judge, Farrukhabad in Session Trial no. 1009 of 2021 (State vs. Bhagwan Swaroop Kulshrestha) under sections 141, 174, 150 Railway Act, 1989, PS- GRP Farrukhabad, issued non-bailable warrant with all its consequential effect. Further prayer has been made to stay the proceeding of Session Trial no. 1009 of 2021 (State vs. Bhagwan Swaroop Kulshrestha) under sections 141, 174, 150 Railway Act, 1989, PS- GRP Farrukhabad pending before learned Special Judge, Dacoity Affected Area/Session Judge, Court no. 3, Farrukhabad during pendency of present application. 3. It is the case of the applicant that discharge application has already been preferred at the behest of the applicant which has already been rejected vide order dated 22.07.2022. Being aggrieved with the same, applicant preferred Criminal Revision no. 3381 of 2022 before this Court, wherein considering the case of the applicant, order of rejection of the discharge application has already been stayed vide order dated 10.10.2022 and it is admitted case of the applicant that the criminal revision preferred at the behest of applicant is still pending to be adjudicated finally but due to non-extension of the interim order dated 10.10.2022, learned trial court further proceeded in the matter which rises cause of action in favour of the applicant for filing instant application for challenging the entire proceeding along with further proceeding in shape of issuing non-bailable warrant against the applicant in spite of the availability of the interim order dated 10.10.2022 passed in Criminal Revision no.3381 of 2022. 4. Per contra, learned AGA vehemently opposed the prayer and rebutted the stand taken up by learned counsel for the applicant and submitted that once the criminal revision is still pending whatsoever cause of action arises through which the applicant is having grievance, the same may be brought to the notice of Hon'ble Court where the criminal revision is still pending. No fresh cause of action is available during pendency of criminal revision before this Court. 5. After having the rival submissions extended by learned counsel for the parties, one thing is crystal clear that the criminal revision challenging rejection order of the discharge application has already been preferred by the applicant and the same is still pending to be adjudicated finally but due to non-extension of the interim protection which was granted by co-ordinate Bench of this Court vide order dated 10.10.2022, the grievance whatsoever has been sought to be redressed through instant application is amenable before the proceeding of criminal revision only, no fresh cause of action arises in favour of applicant for preferring the instant application. 6. The instant application lacks merit, hence, dismissed. 7. However, applicant will be at liberty to prefer same prayer in pursuance to the interim protection granted in favour of the applicant by co-ordinate Bench of this Court at the time of entertaining Criminal Revision no. 3381 of 2022 preferred at the behest of the applicant, since the cause of action is not fresh but it is the recurring event which has occurred due to non-extension of interim order dated 10.10.2022. Order Date :- 8.5.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad