Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 23666 of 2025 Court No. - 72 HON'BLE DEEPAK VERMA, J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. This application under Section 528 BNSS has been filed by the applicant to quash the non-bailable warrant order dated 25.08.2015 passed by the Additional Chief Judicial Magistrate, Court No.5, Agra in Case No.777 of 2015 arising out of Case Crime No.236 of 2007 (State vs. Pathan & others), under Section 307 I.P.C., P.S.Lohamandi, District Agra.
3. At the outset learned counsel for the applicant gave up his challenge to the aforesaid non-bailable warrant and criminal proceedings against the applicant and confined his submission requesting to grant some protection to the applicant to surrender before the concerned court below. The
learned counsel for the applicant further stated at the Bar that he is not pressing any other prayer made in this application on merits and prayed that a direction may be issued to the concerned courts below to consider and decide the bail application of the applicant expeditiously.
4. Learned A.G.A. for the State of U.P. submits that in case the applicant is not pressing the relief as sought for by him on merits and wants to surrender before the concerned court below, he has no objection if the Court grants protection to him for a short period.
5. In view of the above, the relief as sought by the applicant in the instant application is refused. Versus Counsel for Applicant(s) : Azhar Hussain, Shaban Ahmad Counsel for Opposite Party(s) : G.A. Pathan @ Salamuddin .....Applicant(s) State of U.P. .....Opposite Party(s)
6. However considering the aforesaid alternative prayer made by learned counsel for the applicant, it is directed that the applicant shall surrender before the concerned court below within three weeks from today and in case he applies for bail, the bail application of the applicant shall be
disposed of expeditiously by the courts below in accordance with law and keeping in view the guidelines as laid down by the Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another, reported in 2021 SCC Online SC 922.
7. For the period of three weeks from today or till the time of surrender of the applicant before the concerned Court below, whichever is earlier, non- bailable warrant dated 25.08.2015 shall be kept in abeyance.
8. With the above observations and directions, this application under Section 528 B.N.S.S. is disposed of. September 25, 2025 SKD NA528 No. 23666 of 2025 2 (Deepak Verma,J.) Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad