HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 36332 of 2025 Court No. - 89 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Mr. Vishal Kashyap, learned counsel for the applicant and Sri B.P. Maurya, learned AGA appearing for the State respondents. 2. Present application under Section 528 BNSS has been preferred for quashing the proceedings under Section 82 CrPC as against the applicant and set aside the order dated 15.7.2025 whereby proclamation has been issued against accused Manjur @ Manzoor, passed by the Additional Civil Judge (JD)/Judicial Magistrate, Court No. 4 District Bijnor as against the applicant in Case No. 4821 of 2002 (State vs. Manjur @ Manzoor) pending in the Court of Additional Civil Judge (Junior Division), Bijnor, registered as Case Crime No. 868 of 2002, under Sections 147, 148, 149, 302, 307, 120B IPC, P.S. Chandpur, District Bijnor. 3. It is contended by the learned counsel for the applicant that brother of the applicant is an accused in case no. 4821 of 2022 arising out of case crime no. 868 of 2002, under Sections 147, 148, 149, 302, 307, 120B IPC. It is submitted that the learned trial Court vide the order impugned has ordered issuance of non-bailable warrant and process under Section 82 CrPC. It is submitted that brother of the applicant who is an accused in the said case has been absconding since 2003 and now notice under Section 82 CrPC has been pasted on the house of the applicant. It is further submitted that abuse of process has been occasioned by the order impugned. Versus Counsel for Applicant(s) : Shekhar Chaudhary, Vishal Kashyap Counsel for Opposite Party(s) : G.A. Irfan Ali .....Applicant(s) State Of U.P. And 2 Others .....Opposite Party(s) 4. On the other hand, learned AGA submits that the address of the accused in the said case is the same as that of the applicant as both are real brothers and the property is an ancestral one. It is submitted that the house in which the applicant resides also belongs to the accused in the said case. Only submission is that the accused in the said has been absconding for the last 22 years. 5. In view of the above, there is no illegality or abuse of process of the Court vide order impugned herein. 6. Present application under Section 528 BNSS lacks merit and is accordingly dismissed. 10. Till the September 26, 2025 Abhishek NA528 No. 36332 of 2025 2 (Jitendra Kumar Sinha,J.) Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad