HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 39145 of 2026 Court No. - 75 HON'BLE DR. GAUTAM CHOWDHARY, J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The present application has been filed praying for quashing non- bailable-warrant along with process under Section 82 Cr.P.C. order dated 04.08.2026 passed by learned Chief Judicial Magistrate, Kasganj in Criminal Case No. 107 of 2017 (State Vs. Vimlesh) arising out of Case Crime No. 284 of 2015 under Section 60(1) Excise Act, Police Station Ganjdundwara, District Kasiram Nagar (Kasganj) as well as to quash the charge sheet dated 05.01.2026 and also to quash the cognizance order dated 22.01.2016 as well as proceedings of the aforesaid case. 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 of impugned orders as well as proceedings arising out of aforesaid case. 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 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 three weeks from today and applies for bail, his prayer for bail shall be considered and decided in accordance with law. 6. For a period of three weeks from today, the non-bailable warrant issued against the applicant shall be kept in abeyance. Versus Counsel for Applicant(s) : Vinod Kumar Yadav Counsel for Opposite Party(s) : G.A. Vimlesh .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 7. The present application stands disposed of. September 23, 2026 S.Ali NA528 No. 39145 of 2026 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad