HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 36266 of 2025 Court No. - 75 HON'BLE VIKAS BUDHWAR, J. 1. Heard Sri Kailash Prasad Pandey, learned counsel for the applicants and Sri Moti Lal, learned AGA for the State. 2. This is an application filed under Section 528 of the B.N.S.S. for quashing the Non Bailable warrant Dated 07.08.2025 passed by the Fast Track Court (FTC), Mahila Azamgarh, District-Azamgarh in Complaint No. 542 of 2003, Case No.2081 of 2024 (Sushma vs. Vinay Kumar Pandey & others) U/s 4984 of 1.P.C. and 3/4 of Dowry Prohibition Act. P.S. Tarwa, District-Azamgarh. 3. An Application U/S 482 No.8289 of 2005, Parmanand Pandey & others Vs. State of U.P. & another on 8.5.2017 the following order has been passed:- “Heard learned counsel for the applicants, learned Additional Government Advocate and perused the record of the case. This application under section 482 Cr.P.C. has been filed for quashing the further proceedings of case No. 2274 of 2003 (Smt. Sushma Devi Vs. Vinay Kumar and others), under sections 498-A, IPC and 3/4 D.P. Act, Police Station Tarva, District Azamgarh, pending in the court of Additional Chief Judicial Magistrate, Court No. 12, Azamgarh. From the perusal of the material on record and looking into the facts of the case, at this stage it cannot be said that no offence is made out against the applicants. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this court under Section 482 Cr.P.C. Only in cases where the Court finds that there has been failure of justice or misuse of judicial mechanism or procedure, sentence or order was not correct, this power may be exercised to prevent the abuse of process of miscarriage of justice. Accordingly, prayer of the applicants is refused. However, considering the submission, facts and circumstances of the case, it is also provided that in case the applicants move an application for discharge through Versus Counsel for Applicant(s) : Kailash Prasad Pandey Counsel for Opposite Party(s) : G.A. Kiran Pandey And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) counsel within two weeks, the same shall be disposed of by the trial court by a speaking order in accordance with law within two weeks thereafter. For a period of four weeks or till the disposal of the discharge application, whichever is earlier, no coercive action shall be taken against the applicants. With the aforesaid direction, this application is disposed of. “ 3. Learned counsel for the applicants has submitted that due to non communication of the order passed in Application U/S 482 the applicants could not file the discharge application however non bailable warrants have been issued on 7.8.2025. He seeks indulgence for filing bail application. 2. Learned A. G.A. has no objection to the same. 3. Considering the submissions of the rival parties as well as stand taken by them, the application stands disposed of granting liberty to the applicant to prefer appropriate proceedings/ application before the court below by 9.10.2025, the same shall be considered with most expeditions in light of the judgment in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another; decided on 07.10.2021 in S.L.P. No.5191 of 2021 with relation to enlargement on bail. 4. Till the disposal of the application, no coercive action shall be taken against the applicants with respect to the further proceeding of Complaint No. 542 of 2003( Sushma Vs. Vinay Kumar Pandey & Others) and Non Bailable warrant dated 07.08.2025 passed by Fast Track Court (FTC), Mahila Azamgarh, District-Azamgarh U/s 498A of I.P.C. and Section 3/4 of Dowry Prohibition Act. P.S. Tarwa, District-Azamgarh. 5. The protection accorded to the applicant is only available subject to compliance of terms and conditions and timeline as provided herein and in case of default, the order shall stand vacated without reference to the Bench. September 19, 2025 piyush NA528 No. 36266 of 2025 2 (Vikas Budhwar,J.) Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad