HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 42766 of 2026 Court No. - 73 HON'BLE DR. GAUTAM CHOWDHARY, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record. 2. The present application under Section 528 BNSS has been filed praying for quashing of charge sheet dated 29.06.2016, summoning/ cognizance order dated 10.08.2016 as well as entire proceeding of Special Trial No. 375 of 2016, State Vs. Shamim Akhtar, arising out of Case Crime No. 397 of 2016, under Section 25 of Arms Act, Police Station Jagdishpura, District Agra, pending in the court of learned Special Judge (Dacoity Affected Area), District Agra. Further prayer has been made for quashing of non bailable warrant order dated 05.09.2026 as well as proceeding issued under Section 82/83 Cr.P.C. issued against the applicant. 3. The contention of learned counsel for the applicant is that no offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purpose of causing harassment. He pointed out certain documents and statements in support of his contention. 4. Having heard the learned counsel for the applicant and perused the materials brought on record, it does not appear to be a fit case praying for quashing. The prayer praying for quashing of same is hereby refused, at this stage as the argument raised by learned counsel for the applicant involves factual disputes and appraisal of evidence. 5. However, looking at the nature of offence alleged and attending facts and Versus Counsel for Applicant(s) : Ritesh Kumar Singh Counsel for Opposite Party(s) : G.A. Shamim Akhtar .....Applicant(s) State of U.P. and Another .....Opposite Party(s) circumstances of the case, as have been brought on record, it is directed that if the applicant appears and surrenders before the court below within twenty days from today and applies for bail, his prayer for bail shall be considered and decided in accordance with law. 6. For a period of aforesaid twenty days from today, the non-bailable warrant issued against the applicant shall be kept in abeyance. 7. The present application stands disposed of. (Dr. Gautam Chowdhary,J.) October 5, 2026 Mustaqeem. NA528 No. 42766 of 2026 2 Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad