HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 34880 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 the charge sheet dated 01.05.2009, cognizance order dated 06.08.2009 as well as entire proceedings of Criminal Case No. 3745 of 2009 (State vs. Hetram and others) arising out of Case Crime No. 474 of 2009, Police Station Gandhi Park, District Aligarh pending in the court of Additional Chief Judicial Magistrate, Aligarh. 3. A perusal of the record reveals that first information report was lodged in 2009 and cognizance was also taken at that very time in that year itself. While other accused persons are participating in trial after obtaining bail, the applicant has approached this Court at the stage when non-bailable warrants have been issued against her. It is further contended that the applicant is a 65 years old lady and has no role in the matter and that the main accused persons have already been released on bail. 4. Learned A.G.A. submits that once warrants are issued, proper remedy with person aggrieved is to approach the concerned court by moving an application under Section 70(2) Cr.P.C. seeking cancellation of non- bailable warrant and justifying the absence or raise any other plea. 5. Considering the submissions made, the instant application stands disposed of with the following directions:- Versus Counsel for Applicant(s) : Deepak Yadav, Vandana Rai Counsel for Opposite Party(s) : G.A. Smt. Vimlesh .....Applicant(s) State Of U.P. and another .....Opposite Party(s) (i) The applicant is permitted to file appropriate application in relation to the warrants before the court concerned. (ii) If such an application is filed by the applicant within a period of three weeks from today, the same shall be decided by the court concerned in accordance with law within next one month. (iii) Till disposal of such application or for a period of seven weeks from today, whichever is earlier, no coercive action shall be taken against the applicant. September 11, 2025 Sazia NA528 No. 34880 of 2025 2 (Kshitij Shailendra,J.) Digitally signed by :- SAZIA AQUIL High Court of Judicature at Allahabad