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2025 DAILYLAW 84605 (ALL)

ISHVAR DEI AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/30210/2025 · 2025-09-22

Raj Beer Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 30210 of 2025 Court No. - 71 HON'BLE RAJ BEER SINGH, J. 1. Heard learned counsel for the applicants and learned AGA for the State. 2. This application under Section 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as 'BNSS') has been filed seeking following prayer:- "It is, therefore most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the order of non-bailable warrant dated 02-03-2023 and 06-05-2025, passed by Additional chief Judicial Magistrate-II, Mathura, in Case No. 1145 of 2020 (State Vs. Dharmveer and others), arising out of Case Crime No. 250 of 2018 U/s 147, 148, 149, 323, 332, 353, 307, 504 IPC, P.S. Shergarh, District Mathura. It is further prayed that this Hon'ble Court may graciously be pleased to stay the effect and operation of order of non-bailable warrant dated 02-03-2023 and 06-05-2025, passed by Additional chief Judicial Magistrate-II, Mathura, in Case No. 1145 of 2020 (State Vs. Dharmveer and others), arising out of case Crime No. 250 of 2018, U/s 147, 148, 149, 323, 332, 353, 307, 504 IPC, P.s. Shergarh, District Mathura, during the pendency in the courts below or to pass such any other and further order which this Hon'ble court may deed fit and proper under the facts and circumstances of the case, otherwise the applicant shall suffer irreparable loss and injury." 3. Learned counsel for the applicants submitted that in the aforesaid case applicants were granted anticipatory bail but after submission of charge- sheet, no notice or bailable warrant has been served upon them and thus they have no knowledge about the impugned proceedings. By order dated 02.03.2023 non-bailable warrants have been issued against applicants. It was submitted that applicants may be permitted to move an application for cancellation of warrants / application for bail and protection may be granted till then. 4. In view of aforesaid, it is directed that in case applicants appear / Versus Counsel for Applicant(s) : Kartikey Singh Counsel for Opposite Party(s) : G.A. Ishvar Dei And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) surrender before the court concerned within a period of three weeks from today and apply for cancellation of warrants or for bail, the same shall be considered and decided expeditiously in accordance with law. For a period of three weeks from today or till the applicants surrender before the court concerned, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case. 5. With the aforesaid observations, the application under Section 528 BNSS is disposed of. September 23, 2025 'SP'/- NA528 No. 30210 of 2025 2 (Raj Beer Singh,J.) Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad