Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 34404 of 2025 Court No. - 48 HON'BLE KSHITIJ SHAILENDRA, J.
1. Heard learned counsel for the applicant and learned Additional Government Advocate for the State-opposite party No. 1.
2. The instant application under Section 528 BNSS has been filed by the applicant for quashing order issuing non-bailable warrants dated 22.07.2025 and 18.08.2025 passed by Additional Chief Judicial Magistrate-II, Agra in Criminal Case No. 5870 of 2021 (State vs. Sanjay Agarwal) arising out of Case Crime No. 35 of 2021, under Section 406 IPC, Police Station Chhata, District Agra.
3. It appears that on an earlier occasion, warrants were issued and this Court granted relief to the applicant in view of judgement of Hon'ble Supreme Court in Satender Kumar Antil Vs. Central Bureau of Investigation and another : (2022) 10 SCC 51.
4. Submission is that despite the aforesaid, the applicant was sent to jail and after having been released on bail, again warrants have been issued, against which present application has been filed.
5. Be that as it may, successive petitions raising similar issues are not maintainable and, therefore, interference in issuance of non-bailable warrant is declined.
6. However, it is always open for the applicant to file appropriate application seeking recall/cancellation of non-bailable warrant, as may be permissible under BNSS-2023. Versus Counsel for Applicant(s) : Ashish Goyal, Ullash Pandey Counsel for Opposite Party(s) : G.A. Sanjay Kumar Agarwal .....Applicant(s) State of U.P. and another .....Opposite Party(s)
7. In case, such an application is filed by the applicant within a period of two weeks from today, the same shall be considered by the court concerned within next one month in accordance with law.
8. With the aforesaid directions, the instant application stands disposed of. September 10, 2025 Sazia NA528 No. 34404 of 2025 2 (Kshitij Shailendra, J.) Digitally signed by :- SAZIA AQUIL High Court of Judicature at Allahabad Digitally signed by :- SAZIA AQUIL High Court of Judicature at Allahabad