HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 8322 of 2026 Court No. - 80 HON'BLE VIVEK KUMAR SINGH, J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The present application has been filed to quash the impugned warrant notice order dated 02.12.2024 issued by the learned Additional District and Sessions Judge/Special Judge, POCSO Act, Court No. 3, Bareilly, in Criminal Case No. 81 of 2021 (State vs. Dharmendra) arising out of Case Crime No. 215 of 2015, under Sections 376, 366, 363 of I.P.C. and Section 17/4 of POCSO Act, P.S. Shahi, District Bareilly. 3. At the very outset, learned A.G.A. raised preliminary objection that the present application under Section 528 of B.N.S.S. is not maintainable against the order passed under Section 446 of Cr.P.C./491 of B.N.S.S. The applicant should have filed a reply before the learned trial court, but instead of filing his reply, he has wrongly and illegally approached this Court under Section 528 of B.N.S.S. 4. In view of the objection made by the learned A.G.A., the impugned order appears to be appealable under Section 449 of Cr.P.C./495 of B.N.S.S. or the applicants have remedy to file reply before the learned court concerned, if so advised. The present application is not maintainable and is liable to be dismissed. Accordingly, it is dismissed. May 6, 2026/A.P. Pandey Versus Counsel for Applicant(s) : Vishwa Nath Mishra Counsel for Opposite Party(s) : G.A. (Vivek Kumar Singh,J.) Makhan Lal And Another .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) Digitally signed by :- ANAND PRAKASH PANDEY High Court of Judicature at Allahabad