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2026 DAILYLAW 5014 (ALL)

DR. MOHD. UMAR v. STATE OF U.P. AND ANOTHER

NA528/37357/2026 · 2026-09-07

Deepak Verma

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 37357 of 2026 Court No. - 74 HON'BLE DEEPAK VERMA, J. 1. Heard learned counsel for the applicant and learned AGA for the State. 2. The present application U/s 528 BNSS has been filed to quash the impugned order dated 13.08.2026 passed in Complaint Case No. 2035 of 2025, Nazarul Vs. Dr. Mohd. Umar and others, under Section 304 IPC, Police Station-Nakasha, District-Sambhal, pending in the Court of Chief Judicial Magistrate, Sambhal situated at Chandausi whereby the learned court below has directed issuance of Non-Bailable Warrant against the applicant. 3. Learned counsel for the applicants submits that the applicant has preferred a revision petition against the order dated 11.07.2025 by which the applicant was summoned by the trial court and the revision is pending before the learned District & Sessions Judge, Sambhal, situated at Chandausi. During the pendency of the revision, the applicant has challenged the non-bailable warrant issued against the applicant vide order dated 13.08.2026. 4. Per contra, learned AGA vehemently opposed the submissions made by learned counsel for the applicant. 5. Considering the facts and circumstances of the case, this Court finds that since the revision is pending against the summoning order, the applicant has the remedy to raise all his grievances before the revisional court. At this stage, this Court is not inclined to interfere with the order passed by the trial court. Versus Counsel for Applicant(s) : Prashant Kumar, Pankaj Kumar Gupta Counsel for Opposite Party(s) : G.A. Dr. Mohd. Umar .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 6. Accordingly, the present application u/s 528 BNSS is dismissed. September 8, 2026 Nisha NA528 No. 37357 of 2026 2 (Deepak Verma,J.) Digitally signed by :- nisha kumari High Court of Judicature at Allahabad