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Neutral Citation No. - 2025:AHC:93327 Court No. - 78 Case :- APPLICATION U/S 528 BNSS No. - 19828 of 2025 Applicant :- Kitabunnisha Opposite Party :- State of U.P. and Another Counsel for Applicant :- Asif Ahmed,Awaish Khan Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. Heard learned counsel for the applicant, learned Additional Government Advocate for the State of U.P./opposite party no.1 and perused the record. This application under Section 528 BNSS has been filed by the applicant for quashing the non-bailable warrant dated 21.04.2025 passed by Special Judge, Prevention of Corruption Act, Court No. 5, Gorakhpur in Session Case No. 1186 of 2020 (State Vs. Kitabunnisha) arising out of Case Crime No. 826 of 2015, under Sections 120B, 420, 193, 467, 468, 471 IPC and Section 13(1)D read with Section 13(2) of Prevention of Corruption Act, Police Station Kotwali, District Pratapgarh. It is argued by learned counsel for the applicant that earlier the applicant has preferred an application under Section 482 Cr.P.C. No. 14989 of 2024, which was dismissed vide order dated 20.02.205 for want of prosecution. The applicant has preferred a recall/restoration application, which is still pending. Since non-bailable warrant has been issued against the applicant on 21.04.2025, therefore, the applicant has challenged the same by means of this application under Section 528 BNSS. On putting query with regard to illegality in the order of non-bailable warrant dated 21.04.2025, learned counsel for the applicant could not point out any illegality in the same. On the other hand, learned A.G.A. representing the State submits that in the instant case, cognizance was taken on 16.12.2020 and the applicant was
summoned to face trial. Even after dismissal of the application under Section 482 Cr.P.C. No. 14989 of 2024 on 20.02.2025, the applicant did not appear before the trial court, hence non-bailable warrant has been issued against him on 21.04.2025 in order to secure his presence before it. In view of the above, I do not find any illegality in the impugned order of non-bailable warrant dated
21.04.2025. The application under Section 528 BNSS, 2023 lacks merit and is, accordingly, dismissed. Order Date :- 30.5.2025 Shubham Digitally signed by :- SHUBHAM KUMAR AGRAHARI High Court of Judicature at Allahabad