Neutral Citation No. - 2025:AHC:127765 Court No. - 79 Case :- APPLICATION U/S 528 BNSS No. - 25020 of 2025 Applicant :- Manoj Patel Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ramesh Kumar Shukla,Vivek Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Sandeep Jain,J. 1. Heard learned counsel for the applicant and learned AGA for the State-opposite party. 2. The present application has been filed to quash the NBW order dated 29.04.2025 passed by Court of SJ (SC/ST) Act, Sonbhadra in Session Case No. 371 of 2022 (State Vs Manoj Patel), arising out from the impugned cognizance and summoning order dated 30.06.2022 passed by the learned court of Special Judge (SC/ST), Act, Sonbhadra over the chargesheet dated 18.05.2022 submitted by the investigating officer in Case Crime No. 151 of 2021, Under Sections 376, 452, 504, 506 I.P.C. & Section 3(2)(V) SC/ST Act, Police Station Ghorawal, District Sonbhadra. 3. Learned counsel for the applicant submitted that the first informant specifically stated in her testimony that she did not send an application to the Superintendent of Police, Sonbhadra, for the registration of her case, and thus, the FIR could not have been registered. He further submitted that the victim was not medically examined which means the alleged offence of rape has not been prima facie proven. He additionally submitted that following a faulty investigation, the charge sheet was submitted, which ought to be quashed. 4. Learned AGA has opposed the above prayer. 5. Considering the facts and circumstances of the case, it is evident that the applicant has not sought to quash the charge sheet in this case. Instead, he has only prayed for the quashing of the non-bailable warrant (NBW) issued against him by the impugned order dated April 29, 2025, passed by the trial court. All submissions advanced by the learned counsel for the petitioner seeking to quash the charge sheet are untenable in law and are, as such, outrightly rejected. It is also apparent that the applicant is not appearing before the trial court, due to which the trial court has issued a non-bailable warrant (NBW) against him, which is not illegal. 6. In view of the above, it is not a fit case for exercising discretionary jurisdiction under Section 528 B.N.S.S. 7. The application is devoid of merits and hence dismissed. Order Date :- 31.7.2025 Himanshu Digitally signed by :- HIMANSHU YADAV High Court of Judicature at Allahabad