Neutral Citation No. - 2025:AHC:142035 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 19014 of 2025 Applicant :- Mobin Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gulab Chandra Tiwari,Vivek Dubey Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Supplementary affidavit filed by learned counsel for the applicant is taken on record. 2. Heard learned counsel for the applicant and learned AGA for the State. 3. This application under Section 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as BNSS) has been filed seeking following relief:- "It is most respectfully prayed that this Hon'ble Court in the interest of justice may graciously be pleased to quash the charge sheet Νo.801/1999 dated 14.12.1999 and cognizance order dated 17.12.1999, passed in Case No.10498 of 2014 (State of U.P. Vs. Mobin) against the applicant, arising out in case Crime No.778 of 1999, under Sections 406, 467, 468, 471 I.P.C., Police Station- Sahibabad, District- Ghaziabad, pending before the Court Learned Additional Chief Judicial Magistrate (S.D.) FTC, Ghaziabad as well as quash the N.B.W. + 82 + 83 Cr.P.C. dated 04.02 2025, passed by Court below in aforementioned case. It is further prayed that this Hon'ble Court be pleased to stay the further proceeding of charge sheet NO.801/1999 dated 14.12.1999 and cognizance order dated 17.12.1999, passed in Case No.10498 of 2014 (State of U.P. Vs. Mobin) against the applicant, arising out of In case Crime No.778 of 1999, under Sections 406, 467, 468, 471 I.P.C., Police Station- Sahibabad, District- Ghaziabad, pending before the Court Learned Additional Chief Judicial Magistrate (S.D.) FTC, Ghaziabad, as well as quash the N.B.W. +82 + 83 Cr.P.C. dated 4.02.2025, passed by Court below in aforementioned case during pendency of the present application, And/or may pass such other and further order as this Hon'ble Court may deem fit and proper under the facts and circumstances of the case, otherwise the applicant shall suffer irreparable loss and injury." 4. Learned counsel for the applicant submitted that in the aforesaid case applicant was on bail but later on he has suffered cancer due to which he could not appear before the trial Court concerned and that now non-bailable warrants and process under Section 82 / 83 Cr.P.C. are being issued against him. Referring to facts of the matter, it was submitted that the prayer made above is not being pressed and that applicant would appear before the trial Court concerned and a direction may be made to the trial Court concerned to decide the bail application of applicant expeditiously and protection may be granted till then. 5. In view of aforesaid, it is directed that in case applicant surrenders before the court concerned within a period of two weeks from today and applies for bail, his bail application shall be considered and decided expeditiously in accordance with settled law. For a period of two weeks from today or till the applicant surrenders before the court concerned, whichever is earlier, no coercive action shall be taken against the applicant in the aforesaid case. 6. With the aforesaid observations, the application under Section 528 BNSS is disposed of. Order Date :- 20.8.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad