Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 40995 of 2026 Court No. - 84 HON'BLE PRASHANT MISHRA-I, J.
1. Heard Sri Shivakant Singh, learned counsel for the applicant and learned A.G.A. for the State.
2. The instant application has been preferred with a prayer to quash the non bailable warrant dated 4.7.2026 as well as order dated 25.8.2026 (issued N.B.W/82 of Cr.P.C) passed by Learned court of N.I. Act Prayagraj, in Complaint Case No. 373 of 2021( Padam Nath Singh versus Ravi Kumar Giri) under Section 138 N.I. Act Police Station- George town District- Prayagraj pending in the court of N.I. Act Prayagraj.
3. Learned counsel for the applicant apprised the Court that NBW has been issued against the applicant vide order dated 04.07.2026 passed by learned trial court. He further submits that the applicant is not willing to abscond from the trial of the aforesaid case and is ready to appear before the learned trial court concerned to face trial, however, he prays for some protection.
4. Learned A.G.A. has no objection if some protection is granted to the applicant as he is ready and willing to face the trial.
5. Considering all aspects of the matter, the instant application is finally disposed of with a direction to the learned trial court that in case the applicant appears before the concerned learned trial court and moves an appropriate application for cancellation of non bailable warrant, within one month from the date of production of certified copy of this order, the learned trial court shall consider and dispose of the same in accordance with law, considering the grounds mentioned in the said application.
6. For a period of one month from the date of production of certified copy of this order or till the applicant appears before the learned trial court and files an application for cancellation of non bailable warrant, whichever is earlier, no coercive action shall be taken against the Versus Counsel for Applicant(s) : Ram Swaroop (Singh), Shivakant Singh Counsel for Opposite Party(s) : G.A. Ravi Kumar Giri .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
applicant, however, in case of default, the learned trial court is at liberty to proceed against the applicant. October 1, 2026 Saurabh NA528 No. 40995 of 2026 2 (Prashant Mishra-I,J.) Digitally signed by :- SAURABH High Court of Judicature at Allahabad