HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 33740 of 2025 Court No. - 89 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Shri Ashutosh Mishra, Advocate holding brief of Shri Shyam Singh Somvanshi, learned counsel for the applicants and Shri B.P. Maurya, learned AGA for the State. 2. The present application u/s 528 of BNSS has been filed with prayer for quashing of NBW order dated 09.07.2025 of Case No. 122/9 of 2018 (State Vs. Ankur & other), arising out of Case Crime No.134 of 2017, under Sections 363, 366 IPC, P.S. Kakrauli, District Muzaffar Nagar, pending in the Court of learned Additional Session Judge/ Special Judge, POCSO Act, Muzaffar Nagar. 3. It is contended by learned counsel for the applicants is that the applicants had approached this Court by filing application under Section 482 No.3107 of 2020 (Ankur Kumar and another Vs. State of U.P. and another), in which, this Court had passed an order on 31.01.2020 giving interim protection that till the next date of listing, no coercive action shall be taken against the applicants. It is further contended that the said application is still pending but the learned trial Court has issued Non Bailable Warrant against the applicants on 09.07.2025. 4. On the other hand, learned AGA submits that the learned Magistrate has rightly taken cognizance of the offence and he does not dispute the legal and factual aspect of the matter. 5. The applicants filed an application under Section 482 No.3107 of 2020 (Ankur Kumar and another Vs. State of U.P. and another), which is still pending before this Court and vide order dated 31.01.2020, this Court passed the order that no coercive action shall be taken against the applicants till the next date of listing. The said application is pending before this Court and no further order subsequent to the order dated 31.01.2020 has been passed by Versus Counsel for Applicant(s) : Shyam Singh Somvanshi Counsel for Opposite Party(s) : G.A. Ankur Alias Ankur Kumar And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) this Court in the said application. 6. Keeping in view, since the order dated 31.01.2020 passed in Application U/s 482 No.3107 of 2020 is still operative, the learned trial Court ought not have issued Non Bailable Warrant against the applicants. 7. In view of the above, the order dated 09.07.2025 issuing Non Bailable Warrant against the applicants by the learned trial Court shall be kept in abeyance till the next date of listing of the application U/s 482 No.3107 of 2020. 8. With the above observation, the application u/s 528 of BNSS stands disposed of. September 19, 2025 RKM NA528 No. 33740 of 2025 2 (Jitendra Kumar Sinha,J.) Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad