Neutral Citation No. - 2025:AHC:117000 Court No. - 70 Case :- APPLICATION U/S 528 BNSS No. - 21267 of 2025 Applicant :- Krishn Pal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anand Prakash Srivastava Counsel for Opposite Party :- Amit Saxena,G.A.,Priya Saxena Hon'ble Dr. Gautam Chowdhary,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State as well as learned counsel for the informant. 2. The present application under Section 528 B.N.S.S. has been filed with the prayer to quash the orders dated 05.04.2025 and 13.05.2025 passed by the concerned trial court in Session Trial No. 549 of 2022 (State Vs. Gajendra Pal and others), arising out of Case Crime No. 349 of 2021, under Sections 302, 204, 506 I.P.C., Police Station Dataganj, District Budaun, whereby non bailable warrants have been issued against the applicant. 3. Learned counsel for the applicant submits that though the applicant was named in the F.I.R. but during investigation the Investigating Officer found nothing incredible against the applicant and exonerated him and submitted charge sheet against two other named accused persons. After submission of charge sheet cognizance was taken and thereafter the case was committed to the court of Sessions and during trial an application under Section 319 Cr.P.C. was moved on behalf of informant which was allowed by the trial court and the applicant along with other accused persons were summoned vide order dated 07.07.2023, which order was challenged by the applicant and one other accused before this Court by filing criminal a revision and a coordinate Bench of this Court vide order dated 08.07.2024 while setting aside the order dated 07.07.2023 passed by the trial court, has allowed the said criminal revision. Being dissatisfied with the order dated 08.07.2024 passed by this Court in criminal revision the informant approached before the Hon'ble Supreme Court by filing S.L.P. No. 12824 of 2024 and the Supreme Court vide order dated 28.03.2025 while allowing that appeal, set aside the order dated 08.07.2024 and restored the trial court's order dated 07.07.2023. Further contention of learned counsel for the applicant is that no offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purpose of causing harassment. He pointed out certain documents and statements in support of his contention. 4. Learned A.G.A. for the State submits that there is no illegality in the impugned order as the Hon'ble Supreme Court has already affirmed the trial court's order for summoning the applicant under Section 319 Cr.P.C. to face the trial. 5. Having heard the learned counsel for the applicant and perused the materials brought on record, it does not appear to be a fit case for quashing of the impugned non bailable warrant orders when the Hon'ble Supreme Court has already restored and affirmed the trial court's order dated 07.07.2023 whereby applicant was summoned under Section 319 Cr.P.C. 6. Thus, the prayer praying for quashing is refused. The present application has no merit and is liable to be dismissed. 7. Accordingly, dismissed, leaving it open to the applicant to avail other remedy, if so desires. Order Date :- 18.7.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad