Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 36554 of 2025 Court No. - 74 HON'BLE DEEPAK VERMA, J.
1. Heard learned counsel for the applicants, learned Additional Government Advocate for the State of U.P./opposite party no.1 and perused the record.
2. This application under Section 528 B.N.S.S. has been filed by the applicants to quash the summoning order dated 30.03.2019, non bailable warrant dated 21.05.2025 in Complaint Case No.3427 of 2017 (Special Criminal Case No.311 of 2018) (Sunil Kumar vs. Anurag Singh and others), under Sections 323, 504, 506, 354B I.P.C. & Section 3(10Da, Dha, SC/ST Act, P.S. Kotwali, District Kanpur Nagar, pending in the court of Special Judge, SC/ST Act, Kanpur Nagar.
3. From the record, it transpires that on account of the failure of the applicants to appear before the court below, non-bailable warrant has been issued against the applicants by the court below vide order dated
21.05.2025.
4. Learned counsel for the applicants submits that interest of justice shall be served provided some protection is granted by this Court to enable the applicants to appear before the court below.
5. Considering the facts and circumstances of the case, it is provided that the applicants shall appear before the court concerned within three weeks from today and moves an application for recall of non bailable warrant, which shall be considered and disposed of expeditiously in accordance with law.
6. For a period of three weeks, the execution of non bailable warrant Versus Counsel for Applicant(s) : Brajesh Kumar Singh Counsel for Opposite Party(s) : G.A. Sumit And 4 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
issued against the applicants shall remain stayed.
7. In case of default, the interim protection granted by this Court shall stand automatically vacated and the court below shall be free to proceed against the applicants in accordance with law.
8. With the aforesaid direction, the 528 B.N.S.S. application is finally disposed off.
October 9, 2025 SKD NA528 No. 36554 of 2025 2 (Deepak Verma,J.) Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad