Neutral Citation No. - 2025:AHC:115601 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 23023 of 2025 Applicant :- Omvir Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mayank Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. This application u/s 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as 'BNSS') has been preferred against order dated 08.05.2025, passed by Additional Civil Judge (J.D.) / Judicial Magistrate, Court No.12, Mathura in Case No. 284 of 2008, arising out of Case Crime No.165 of 1997, under Sections 307 IPC, P.S.- Raya, District- Mathura, pending in the court of Additional Civil Judge (J.D.) / Judicial Magistrate, Court No.12, Mathura, whereby non-bailable warrants have been issued against applicant. 3. It has been submitted by learned counsel for the applicant that impugned order is against law and thus liable to be quashed. It was submitted that after investigation police have submitted final report but on the protest petition of informant the same was rejected and applicant and co-accused were summoned for offence under Section 307 IPC. Applicant has challenged the said order before this Court by filing a writ petition, wherein proceedings were stayed but later on that petition was dismissed vide order dated 09.12.2016. Learned counsel submitted that now non- bailable warrants are being issued against applicant vide impugned order dated 08.05.2025 and the same may be quashed. 4. Learned AGA 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 even before the impugned order, non-bailable warrants were being issued against applicant but the same could not be executed, hence by impugned order the learned Magistrate has issued fresh non-bailable warrants. No material illegality or perversity could be pointed out in the impugned order. The application under Section 528 BNSS lacks merits and thus, liable to be dismissed. 7. Accordingly, the application u/s 528 BNSS is dismissed. Order Date :- 17.7.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad