Neutral Citation No. - 2025:AHC:88034 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 17376 of 2025 Applicant :- Islamuddin @ Babloo Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vibhor Arora,Zeeshan Mazhar Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The present application under Section - 528 B.N.S.S. has been filed with the following prayer :- "It is therefore, most respectfully prayed this Hon'ble Court be pleased to set aside the Non Bailable Warrant dated 04.07.2022 as well as judgment / order dated 01.12.2021 passed in Criminal Revision No. 290 of 2018 (Islammudin @ Babloo Vs. State of U.P.), passed by Additional Sessions Judge, Court No.7, Varanasi, along with summoning order dated 05.09.2018 arising out of Complaint Case No. 1481 of 2013 (Kalavati Devi Vs. Nisar Ahmad & Otrs) and quash the entire proceeding of Complaint Case No. 1481 of 2013 (Kalavati Devi Vs. Nisar Ahmad & Otrs) under Section 420 I.P.C., pending in the court of learned Additional Chief Judicial Magistrate No.2, Varanasi." 3. Learned counsel for the applicant submitted that impugned complaint has been lodged by the opposite party no.2 making false and baseless allegations and dispute between the parties is purely civil in nature. Referring to facts of the matter, learned counsel has raised various contentions and submitted that no prima facie case is made out against applicants. 4. Learned A.G.A. has opposed the application and submitted that in view of material on record, a prima facie case is made out and there is gross delay on the part of applicant in filing this application under Section - 528 BNSS. 5. I have considered the rival submissions and perused the record. 6. Perusal of record shows that applicant was summoned by the Trial court vide order dated 05.09.2018 and it appears that he has preferred a criminal revision against summoning order dated 05.09.2018. The revision was dismissed by the learned Additional Sessions Judge, Court No.7, Varanasi vide order dated 01.12.2021. After three years of the same, the applicant has filed the instant application under Section - 528 BNSS challenging the summoning order, order of Revisional court as well as order of non-bailable warrants dated 04.07.2022. No explanation could be shown regarding delay in filing this application under Section - 528 BNSS. It is correct that no fixed period of limitation has been prescribed for application under Section - 482 Cr.P.C. / 528 BNSS but it is very well settled that such an application has to be filed within a reasonable period. In the instant matter, there is gross delay and latches on the part of applicant in filing the application under Section - 528 BNSS. Considering entire facts and conduct of the applicant, no case for invoking powers under Section - 528 BNSS is made out. Thus, the instant application under Section - 528 BNSS is liable to be dismissed. 7. Accordingly, this application under Section - 528 BNSS is hereby dismissed. Order Date :- 23.5.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad