Waris and 9 Others vs State of U.P. and Another

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 6098 of 2025

Waris And 9 Others	Versus		.....Applicant(s)
State of U.P. and Another			.....Opposite Party(s)
Counsel for Applicant(s)	: Abhyudaya Pandey	Tripathi,	Amit Kumar
Counsel for Opposite Party(s)	: G.A.

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Court No. - 82

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HON'BLE PRAVEEN KUMAR GIRI, J.

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Learned counsel for the applicants submits that he has filed the instant application under Section 528 BNSS with the relief which has been mentioned in the prayer clause of the application.

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The relief which has been mentioned in the application is delineated below:-

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"It is, therefore, most respectfully this Hon'ble Court may graciously be pleased to allow this application and to quash the order dated 08-102024 and 09-02-2018 as well as charge sheet dated 23-09-2016 bearing Charge sheet no. 99-A of 2016 under section 120-B, 419, 420, 467, 468, 471 I.P.C. Police Station Meerganj, District Bareilly and entire criminal proceeding of Case No. 1594 of 2020 (State Vs. Krishna Prasad and others) which is pending in the court of the Additional Chief Judicial Magistrate/Additional Chief Judicial (Senior Division), Court No. 2, Bareilly."

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Learned counsel for the applicants has challenged the order of bailable warrant issued by the learned concerned court of Judicial Magistrate in the case of cognizable offence. Learned counsel for the applicant further submits that in pursuance of non-bailable warrants, the court has also

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NA528 No. 6098 of 2025

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granted permission for proclamation of offender, i.e., accused, and, thereafter, the proceedings under Section 83 Cr.P.C. had been executed as the property has been attached. Learned counsel for the applicant submits that he has challenged only the non-bailable warrant rather than the order of cognizance, summons or the proceedings under Sections 82 and 83 Cr.P.C.

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Per contra, learned A.G.A. submits that in a case of cognizable offence there is no need of any warrant from any court but the accused was absconding, therefore, the Investigating Officer obtained the order of nonbailable warrant just to obtain proceedings under Sections 82 and 83 Cr.P.C., i.e., proclamation of offender and attachment of property in case of absconding. Learned A.G.A. further submits that the orders under Sections 82 and 83 Cr.P.C. have been published in the national newspapers and further submits that the applicant tried to appear before the court through his counsel and the same is reflected from the ordersheet of the Court. Thus, the proceedings of summons, non-bailable warrants, proclamation of offender and attachment of property are in the knowledge of the accused-applicant and, thus, the accused-applicant cannot claim that he was not aware of the orders.

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This Court, in view of the above submissions made by the parties, comes to the conclusion that the accused is continuously absconding and the process has been directly adopted by the concerned court as well as the Investigating Officer, though in case of cognizable offence there was no need of issuing any non-bailable warrant, but the same appears to have been obtained only to declare the accused-applicant as a proclaimed offender and also for obtaining the order of attachment under Section 83 Cr.P.C., and it is done by the court rather than by the Investigating Officer. The impugned order of non-bailable warrant has been passed by the concerned Judicial Magistrate, therefore, this Court is not inclined to grant any relief.

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In case the accused-applicant appears before the trial court, the trial court may consider his bail application in accordance with law.

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Accordingly, the application is dismissed .

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NA528 No. 6098 of 2025

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The presence of the concerned police officials are also exonerated with caution that they will not commit such mistakes in future as avoiding the order of this Court and communication letter sent by the learned Additional Government Advocates.

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(Praveen Kumar Giri,J.)

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December 10, 2025

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K.Tiwari

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Digitally signed by :- KRISHNA KANT TIWARI High Court of Judicature at Allahabad

Waris and 9 Others v. State of U.P. and Another

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Waris and 9 Others v. State of U.P. and Another

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