Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 45708 of 2025 Court No. - 74 HON'BLE DEEPAK VERMA, J.
1. Rejoinder affidavit filed on behalf of the applicant, is taken on record. 2. Heard learned counsel for the applicant, learned counsel for the informant, and learned A.G.A. for the State. 3. The present application u/s 528 B.N.S.S. has been filed to quash the entire proceeding of the Complaint Case No. 173 of 2010 (Parmarth Marketing Pvt. Ltd. Bijnor Vs. Anurag Singh), under Section 340 Cr.P.C., Police Station Kotwali City, District Bijnor, pending in the court of Additional Civil Judge (Junior Division) - IVth / Judicial Magistrate, Bijnor as well as summoning order dated 04.02.2013 passed by Chief Judicial Magistrate, Bijnor. 4. Considering the argument raised by counsel for the applicant that the opposite party no. 2 filed a complaint u/s 340 Cr.P.C. on 30.11.2010 which was registered as Misc. Case No. 173/2010, thereafter, notice was issued and the same was served on applicant on 03.01.2011 which is apparent from the order sheet but despite service, he did not appear before the court. Thereafter, non-bailable warrant was issued against the applicant then, he applied for bail and on 09.02.2016 his bail application was allowed and applicant was released on bail by order dated
09.02.2016. 5. From the records, this Court finds that the applicant did not participate in the court proceedings and again court issued NBW against the Versus Counsel for Applicant(s) : Mohammad Khalid Counsel for Opposite Party(s) : G.A., Prateek Kumar Anurag Singh .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
applicant, subsequently applicant surrendered and applied for bail and his bail application was allowed vide order dated 15.10.2025. Now the applicant has challenged the proceeding after about 15 years. Court finds that applicant had knowledge regarding proceeding pending since 2010 and applicant two times appeared before trial court for bail. Applicant had opportunity to challenge the proceeding earlier, reason unknown, but has challenged the proceeding after about 15 years. It is apparent from the records that the applicant had knowledge in regard to proceedings and applicant deliberately is not cooperating in the present proceeding. At the belated stage, this Court is not inclined to grant any relief to the applicant in the present case. No interference is warranted at this stage. 6.
The present application under Section 528 BNSS lacks merit and is, accordingly, dismissed. September 14, 2026 Nisha NA528 No. 45708 of 2025 2 (Deepak Verma,J.) Digitally signed by :- nisha kumari High Court of Judicature at Allahabad