Neutral Citation No. - 2025:AHC:130883 HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No. 811) Court No. - 78 Case :- APPLICATION U/S 528 BNSS No. - 19444 of 2025 Applicant :- Ameer Beg Opposite Party :- State of U.P. and Another Counsel for Applicant :- Istyak Khan,Sheikh Saaduddin Sazaly Counsel for Opposite Party :- G.A. Hon'ble Anish Kumar Gupta,J. 1. Heard Sri Ishtyak Khan, learned counsel for the applicant and Sri Yogendra Singh, learned A.G.A. for the State. 2. The instant application under Section 528 BNSS has been filed seeking quashing of the entire criminal proceedings of Case No. 821 of 2008 arising out of Case Crime No. 49 of 2008 (State vs. Rafi & others) under Section 257, 258, 419, 420, 467, 468 IPC, Police Station-Kidganj, District-Allahabad as well as the charge sheet dated 8.3.2008, summoning order dated 4.4.2008, NBW dated 16.9.2013 and 82 Cr.P.C. dated 18.11.2023, pending before the Additional Chief Judicial Magistrate, Court No. 8, Allahabad. 3. Learned counsel for the applicant submits that in the instant case, the applicant was apprehended and various stamp papers and the materials by which the stamp papers are prepared by the applicants were recovered from them. After the registration of the case and during investigation the applicant was granted bail in the instant matter. Subsequently, the charge sheet was filed on 8.3.2008 and thereafter, the trial court has taken cognizance in the matter on 4.4.2008. Summons were issued. It is the case of the applicants that summons issued by the Court has never been received by him. Thereafter, the trial court issued non-bailable warrant against him on 16.8.2013. The same could also not be executed. Thereupon the proceedings under Section 82 Cr.P.C. were issued against the applicant on 30.5.2023; and since the aforesaid proceedings are pending at that stage, the applicant submits that he came to know about the said proceedings and the non-bailable warrants as well as 82 Cr.P.C. proceedings initiated against him on 10.5.2025. Thereupon he approached this Court seeking quashing of the said order. Learned counsel for the applicant places reliance on the judgement of the Apex Court in Inder Mohan Goswami and Anr. vs. State of Uttranchal and others, AIR 2008 Supreme Court 251 and submits that after issuance of summons, if the accused is not present then it is the duty of the court concerned to first issue bailable warrants and only thereafter non-bailable warrant can be issued. In the instant case, the summons were issued only and directly the non-bailable warrants have been issued by the trial court on 16.8.2013. Therefore, he seeks quashing of the non-bailable warrant as well as the proceedings initiated under Section 82 Cr.P.C. against the applicant. 4. Per contra, learned A.G.A. submits that in the instant case cognizance was taken in the year 2008 and since the applicant herein was on bail it was his duty to appear in the proceedings and non-appearance of the applicant amounts to violation of the terms of bail. Therefore, if despite summons issued the applicant has not appeared then there was no illegality in issuing non-bailable warrant against the applicant, which too could not be executed for about ten years. Subsequent thereto, the proceedings under Section 82 Cr.P.C. has been initiated against the applicant. Thus, there is no illegality in the non-bailable warrant issued against the applicant as well as proceedings under Section 82 Cr.P.C. as in the instant matter cognizance was taken 17 years back and the applicant has been successful in avoiding the process and thus, he is not required to gain any sympathy from this Court. Thus, learned A.G.A. seeks dismissal of the instant application. 5. Having heard the rival submissions made by learned counsel for the parties, this Court has carefully gone through the record of the case. 6. From the record of the case as noted above, the applicant was apprehended on the spot and incriminating material was recovered from his possession. Thereafter, during investigation he obtained bail from the court. Subsequent thereto, charge sheet was filed and thereafter summons were issued in the year 2008 itself and the applicant did not respond to the summons issued by the court for about five years. Being constrained the court has issued the non- bailable warrant against the applicant on 16.8.2013 and the applicant has also been successful in avoiding the process of non- bailable warrant for about ten years. Subsequent thereto on 30.5.2023 the proceedings under Section 82 Cr.P.C.was initiated against the applicant that too the applicant was successful in avoiding for about 2 years. In view thereof, in the facts and circumstances of the case, the observations made in the judgement of Inder Mohan Goswami (supra) are not applicable in the instant case. 7. For reasons aforesaid, this Court does not find any illegality in the process issued against the applicant. 8. Accordingly, the instant application is dismissed. Order Date :- 4.8.2025 Kirti (Anish Kumar Gupta, J.) Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad