HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 29397 of 2025 Court No. - 71 HON'BLE RAJ BEER SINGH, J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. This application under Section 528 Bharatiya Nagarik Suraksha Sanhita ( hereinafter referred to as 'BNSS') has been preferred against order dated 03.02.2025, passed by Chief Judicial Magistrate, Etah in Case No. 5287 of 2015 (State Vs. Abhay Pratap Singh), arising out of Case Crime No.399 of 2015, under Sections 420, 467, 468, 471 IPC, P.S.- Kotwali Dehat, District- Etah, pending in the court of Chief Judicial Magistrate, Etah. 3. It has been submitted by learned counsel for the applicant that impugned order is against facts and law and thus liable to be set aside. It was submitted that after registration of first information report, applicant has filed a writ petition before this Court, wherein applicant was protected from arrest till the filing of report under Section 173(2) Cr.P.C. After submission of charge- sheet, applicant has filed an application under Section 482 Cr.P.C. for quashing of proceedings of the aforesaid case, wherein by order dated 05.05.2016 further proceedings of the aforesaid case were stayed and that interim order is still in force but despite that the learned Chief Judicial Magistrate, Etah has issued non-bailable warrants against applicant vide impugned order dated 03.02.2025. It was pointed out that learned Chief Judicial Magistrate has issued non-bailable warrants by referring to the order of writ petition but the order of this Court passed in application under Versus Counsel for Applicant(s) : Mahendra Nath Pandey Counsel for Opposite Party(s) : G.A. Abhay Pratap Singh .....Applicant(s) State of U.P. and Another .....Opposite Party(s) Section 482 Cr.P.C. No. 13727 of 2016, which was on record of trial Court, has not been taken into consideration by the trial Court. It was submitted that the impugned order amounts to deliberate violation of the order of this Court and thus necessary action is required to be taken into matter. 4. Learned AGA has opposed the application but could not dispute the aforesaid facts. 5. I have considered the rival submissions and perused the record. 6. It appears from record that proceedings of the aforesaid case were stayed by this Court vide order dated 05.05.2016, passed in application under Section 482 Cr.P.C. No. 13727 of 2016. It was shown that the copy of said order has already been filed before the trial Court. It appears that the trial Court has issued non-bailable warrants against applicant by making reference to an earlier order passed in Writ Petition No. 18213 of 2015 but the order passed in application under Section 482 Cr.P.C. No.13727 of 2016 was not considered. 7. In view of aforesaid facts and circumstances, the impugned order dated 03.02.2025 is set aside. Learned Chief Judicial Magistrate is directed to take into consideration the orders dated 05.05.2016 & 09.11.2016, passed by this Court in application under Section 482 Cr.P.C. No.13727 of 2016 and to proceed in accordance with law. 8. With the aforesaid observations, the application u/s 528 BNSS is disposed of. September 17, 2025 'SP'/- NA528 No. 29397 of 2025 2 (Raj Beer Singh,J.) Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad