HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 16387 of 2025 Court No. - 79 HON'BLE ALOK MATHUR, J. 1. Heard Mr. Vikrant Pandey, learned counsel for the applicant, learned AGA for the State and perused the record. 2. It has been submitted by the counsel for the applicant that applicant is an accused in Criminal Case No. 3541 of 2010, arising out of Case Crime No.139 of 2006, under Sections 366, 376, 506 I.P.C. at Police Station Bharthana, District Etawah and the trial is pending in the court of Additional Chief Judicial Magistrate-Ist, Etawah. 3. It has been further submitted that on previous occasion applicant had approached this Court by filing an Application under Section 482 No. 17902 of 2012, which was dismissed by this Court on 23.05.2012, against which he had approached the Supreme Court where Versus Counsel for Applicant(s) : Devendra Kumar, Vatsala Upadhyay, Vikrant Pandey Counsel for Opposite Party(s) : G.A. Ajay Kumar Porwal .....Applicant(s) State of U.P. and Another .....Opposite Party(s) initially an interim order was passed in favour of the applicant on 24.09.2012 and finally the SLP was dismissed on 29.04.2013 being Special Leave to Appeal (Crl) No. 7060 of 2012. It has been further submitted that anticipatory bail application preferred by the applicant has been rejected by this Court on 31.01.2025. 4. In the present application U/S 528 BNSS a prayer has been made for quashing the order dated 12.09.2024 passed by learned A.C.J.M. Ist, Etawah in Criminal Case No. 3541 of 2010, arising out of Case Crime No. 139 of 2006, under Sections 366, 376, 506 I.P.C., Police Station Bharthana, District Etawah. It has been stated that applicant is a practicing advocate in the District Court Etawah and has fairly stated that he is ready and willing to participate in the aforesaid criminal trial pending before the A.C.J.M. Ist, Etawah and further undertakes to appear in the said proceedings of any date fixed by this Court. Accordingly, he prays that the non-bailable warrant issued against the applicant be set aside considering the stand taken by the applicant pertaining to his appearance and joining the trial. 5. Learned AGA has opposed the application but does not dispute the aforesaid facts. 6. Accordingly considering that the applicant who is a practicing Advocate has undertaken to appear before the trial court it is provided that in case the applicant appears before the trial court on the next date fixed the non- NA528 No. 16387 of 2025 2 bailable warrants issued against the petitioner is directed to be kept in abeyance. The present petition is disposed off with the direction to the applicant to appear before the trial court on the next date fixed and liberty is granted to him to move an application for setting aside the non- bailable warrant. On his appearance and moving the application appropriate orders will be passed by the trial court and till the next date fixed, no coercive action shall be taken against this applicant. It is further provided that in case case applicant does not appear before the trial court on the next date fixed, benefit of this order shall not be available to him. 7. With the aforesaid direction the present application U/S 528 BNSS is disposed off. September 15, 2025 AS NA528 No. 16387 of 2025 3 (Alok Mathur,J.) Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad