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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 18418 of 2026 Court No. - 74 HON'BLE DEEPAK VERMA, J.
1. Heard learned counsel for the applicant, 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 applicant to quash the summoning order dated 24.10.2017 passed by Additional Chief Judicial Magistrate, Court No.3, Kanpur Dehat, non-bailable warrant and proceeding under section 82 Cr.P.C. dated 20.01.2026 passed by Additional Civil Judge (Junior Division)-II, Kanpur Dehat and proceedings of Complaint Case No.438 of 2017 (Pradeep Kumar vs. Deepu), under Section 138 N.I.Act, P.S. Derapur, District Kanpur Dehat, pending in the court of Additional Civil Judge (Junior Division)-II, Kanpur Dehat. 3. At the outset learned counsel for the applicant gave up his challenge to the aforesaid non-bailable warrant and criminal proceedings against the applicant and confined his submission requesting to grant some protection to the applicant to surrender before the concerned court below. The learned counsel for the applicant further stated at the Bar that he is not pressing any other prayer made in this application on merits and prayed that a direction may be issued to the concerned courts below to consider and decide the bail application of the applicant expeditiously. 4. Learned A.G.A. for the State of U.P. submits that in case the applicant is not pressing the relief as sought for by him on merits and wants to surrender before the concerned court below, he has no objection if the Court grants protection to him for a short period. 5. In view of the above, the relief as sought by the applicant in the instant application is refused. 6.
However considering the aforesaid alternative prayer made by learned counsel for the applicant, it is directed that the applicant shall surrender before the concerned court below within three weeks from today and in case he applies for bail, the bail Versus Counsel for Applicant(s) : Akhilesh Pandey Counsel for Opposite Party(s) : G.A. Deepu .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
application of the applicant shall be disposed of expeditiously by the courts below in accordance with law and keeping in view the guidelines as laid down by the Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another, reported in 2021 SCC Online SC 922. 7. For the period of three weeks from today or till the time of surrender of the applicant before the concerned Court below, whichever is earlier, non-bailable warrant dated 20.01.2026 shall be kept in abeyance. 8. With the above observations and directions, this application under Section 528 B.N.S.S. is disposed of. May 5, 2026 SKD NA528 No. 18418 of 2026 2 (Deepak Verma,J.) Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad