Neutral Citation No. - 2025:AHC:71461 Court No. - 70 Case :- APPLICATION U/S 528 BNSS No. - 15391 of 2025 Applicant :- Lokesh Tyagi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bimla Prasad Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. Heard Mr. Bimla Prasad, the learned counsel for applicant and the learned A.G.A. for State. Perused the record. Applicant Lokesh Tyagi, who is a charge sheeted accused and facing trial before Court below has approached this Court by means of present application under section 528 BNSS, challenging the order dated 1.2.2024, passed by Additional District and Sessions Judge, Court No. 2, Ghaziabad in Sessions Trial No. 17 of 2016, under Sections 302, 201 IPC, Police Station- Kotwali, District- Ghaziabad., whereby non bailable warranted/N.S./coercive process under section 82-83 Cr.P.C. has been issued against applicant. At the very outset, the learned A.G.A. has raised a preliminary objection by contending that though applicant is a charge sheeted accused and facing trial before Court below yet he is absconding from above mentioned proceeding since 9.2.2023. Consequently, bailable warrant was issued against applicant vide order dated 24.8.2023. Inspite of the fact that a period of more than one year and eight months has rolled by from the date of order dated 28.2.2023, applicant has not yet appeared before Court below. Consequently, non bailable warrant/N.S./coercive process under section 82/83 Cr.P.C. has been issued by Court below against applicant vide order dated 1.2.2024. On account of non operative conduct of applicant, trial of applicant has remained held up for more than one year and eight months. As such, no indulgence be granted by this Court in favour of present applicant. When confronted with above, the learned counsel for applicant could overcome the same. Having heard the learned counsel for applicant, the learned A.G.A. for State and upon perusal of record, this Court finds that the preliminary objection raised by by learned A.G.A. in opposition to this application is clearly borne out from the record and furthermore the same could not be dislodged by the learned counsel for applicant, with reference to the record. As such, no good ground exists to entertain the present application. In view of above, this application fails and is liable to be dismissed. It is accordingly dismissed. Order Date :- 5.5.2025 Arshad Digitally signed by :- ARSHAD MAHMOOD High Court of Judicature at Allahabad