Neutral Citation No. - 2025:AHC:135932 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 18813 of 2025 Applicant :- Nadeem Opposite Party :- State of U.P. and Another Counsel for Applicant :- Janardan Yadav Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicant, learned AGA for the State and perused the records. 2. This application under Section 528 BNSS has been preferred against the order dated 13.02.2025, passed by learned Chief Judicial Magistrate, Azamgarh in Case Crime No. 402 of 2024, under Sections 305, 317(2), 331(4) B.N.S., P.S.- Mubarakpur, District- Azamgarh, whereby non-bailable warrants have been issued against the applicant. 3. Learned counsel for the applicant submitted that applicant is not named in the First Information Report of the case and that during investigation, non-bailable warrants have been issued against the applicants without recording required satisfaction. It was submitted that the First Information Report was lodged against unknown persons, whereas learned Chief Judicial Magistrate has mentioned in the impugned order that applicant is named in the First Information Report, which is actually incorrect. It was submitted that impugned order suffers from non-application of judicial mind and thus, the impugned order is liable to be quashed. 4. Learned A.G.A. has opposed the application and submitted that there is no illegality or perversity in the impugned order. 5. I have considered the rival submissions and perused the record. 6. Perusal of record shows that during investigation of aforesaid case, the Investigating Officer has moved an application before the Chief Judicial Magistrate, Azamgarh for issuance of non-bailable warrants against the applicant. It appears that applicant is not named in the First Information Report, whereas, in the impugned order, learned Chief Judicial Magistrate has mentioned that applicant is named in the First Information Report. Thus, it appears that learned Chief Judicial Magistrate has not considered the First Information Report or material collected during investigation while issuing the non-bailable warrants. 7. In view of the aforesaid, the impugned order dated 13.02.2025 is hereby set aside and it is directed that learned Chief Judicial Magistrate, Azamgarh shall consider the matter afresh and pass appropriate order in accordance with law. 8. With the aforesaid observation/ direction, this application under Section 528 BNSS is disposed of. Order Date :- 11.8.2025 Rama Kant Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad