Allahabad High Court
NA528/15959/2026 of PREMPAL AND ANOTHER Vs STATE OF U.P. AND ANOTHER on 4 May 2026
JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 15959 of 2026 Court No. - 82 HON'BLE DR. GAUTAM CHOWDHARY, J. 1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material brought on record. 2. The present application under Section 528 BNSS has been
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 15959 of 2026
Court No. - 82
HON'BLE DR. GAUTAM CHOWDHARY, J.
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1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material brought on record.
2. The present application under Section 528 BNSS has been filed praying for quashing non bailable warrant order dated 06.05.2025 as well as entire proceeding of Complaint Case No. 408 of 2018 (Brajlal @ Vij Lal Vs. Rajveer @ Nanhelal and others), under Sections 467, 468, 471 I.P.C., Police Station Moosajhag, District Budaun, pending in the court of learned Judicial Magistrat5e-I, Budaun.
3. The contention of learned counsel for the applicants is that no offence against the applicants 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 applicants and perused the materials brought on record, it does not appear to be a fit case praying for quashing of impugned order. The prayer praying for quashing of same is hereby refused, at this stage as the argument raised by learned counsel for the applicants 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 applicants appear and surrender before the court below within twenty days from today and apply for bail, their prayer for bail shall be considered and decided in accordance with law. Versus Counsel for Applicant(s) : Bipin Pal Singh Counsel for Opposite Party(s) : G.A. Prempal And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
6. For a period of aforesaid twenty days from today, the non- bailable warrant issued against the applicants shall be kept in abeyance.
7. The present application stands disposed of. May 5, 2026 Mustaqeem. NA528 No. 15959 of 2026 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad