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2026 DAILYLAW 11517 (ALL)

MANOJ KUMAR PANDEY v. STATE OF U.P. AND ANOTHER

NA528/41033/2026 · 2026-09-30

Prashant Mishra I

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 41033 of 2026 Court No. - 84 HON'BLE PRASHANT MISHRA-I, J. 1. Heard Sri Krishna Nand Yadav, 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 entire proceedings arising out of Criminal Complaint No. 3612 of 2022 (Manoj Kumar Soni Versus Manoj Kumar Pandey) under section 138 Negotiable Instrument Act, 1881 including cognizance and summon order dated 18.12.2023 passed by the Chief Judicial Magistrate Siddharth Nagar as well as non bailable warrant (N.B.W.) dated 21.05.2025 issued by Civil Judge (Junior Division) Siddharth Nagar pending in the court of Additional Civil Judge (Junior Division)/Judicial Magistrate Court No. 2, Siddharth Nagar. 3. Learned counsel for the applicant apprised the Court that NBW has been issued against the applicant vide order dated 21.05.2025 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 Versus Counsel for Applicant(s) : Anand Prakash Yadav, Krishna Nand Yadav Counsel for Opposite Party(s) : G.A. Manoj Kumar Pandey .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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 applicant, however, in case of default, the learned trial court is at liberty to proceed against the applicant. October 1, 2026 Saurabh NA528 No. 41033 of 2026 2 (Prashant Mishra-I,J.) Digitally signed by :- SAURABH High Court of Judicature at Allahabad