Neutral Citation No. - 2025:AHC:122580 Court No. - 72 Case :- APPLICATION U/S 482 No. - 25637 of 2024 Applicant :- Ramesh Maurya Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Gulab Chandra,Rupesh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicant, learned counsel for the informant, and learned A.G.A. for the State. 2. The present 482 Cr.P.C. application has been filed to quash the impugned warrant order dated 18.03.2024 passed by the learned ACJM Ist Bareilly in Criminal Case No.1966 of 2019 (State versus Ramesh Maurya), arising out of Case Crime No.0020 of 2019, under Sections 471, 468, 467, 420, 419 IPC, Police Station- Baradari, District- Bareilly, including entire proceedings pending against the applicant. 3. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case. Applicant is accused in the present case. Charge-sheet has been submitted against the applicant. Earlier, the Court concerned issued summons against the applicant on printed proforma then, applicant challenged the proceedings and cognizance/summoning order before this Court by filing Application U/S 482 No. 21913 of 2023. The Co-ordinate Bench of this Court vide order dated 20.06.2023 allowed the said 482 Cr.P.C. application and set aside the cognizance order dated 29.08.2019 with the observation that learned Additional Chief Judicial Magistrate, Court No. 1, District- Bareilly after perusing the entire records shall pass a fresh speaking and reasoned order, in accordance with law, preferably within two months. Counsel for the applicant next submits that on perusal of order-sheet, it is apparent that the learned Magistrate again without going into the merits of the case in most arbitrary manner, without issuing process/summons against the applicant, issued N.B.W. against the applicant. The issuance of N.B.W. against the applicant without following due procedure, is abuse of process of Court and liable to be set-aside. 4. Per contra, learned A.G.A. opposed the submissions raised by learned counsel for the applicant but could not dispute the arguments raised by learned counsel for the applicant. 5. Considered the submissions raised by learned counsel for the parties and perused the entire record. From the order-sheet, it is apparent that learned Magistrate without issuing process/summons against the applicant, issued N.B.W. against the applicant, which is illegal and arbitrary. Moreover, while taking cognizance on the charge-sheet submitted by the Investigating Officer, there was no requirement to hear the accused persons. 6. In view of the above, the Non Bailable Warrant dated 18.03.2024 issued by learned Magistrate, is hereby quashed with the direction that learned Magistrate after perusing the entire records shall pass a fresh speaking and reasoned order, in accordance with law, preferably within two months, from the date of production of certified copy of this order. 7. With the aforesaid directions, this application under Section 482 Cr.P.C. stands disposed of. Order Date :- 25.7.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad