APPLICATION U/S 528 BNSS No. 6443 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 6443 of 2026 Shiv Kumar Solanki .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Yogesh Kumar Tiwari Counsel for Opposite Party(s) : G.A. Court No. - 74 HON'BLE DEEPAK VERMA, J. 1. Heard learned counsel for applicant, learned A.G.A. for the State and perused the record. 2. This application u/s 528 BNSS has been filed for quashing the summoning order dated 09.10.2025 passed by Special Judicial Magistrate-I, Banda in Complaint Case No.669/9/2025 (Ayodhya Prasad Singh Vs. Shiv Kumar Solanki) U/s 138 N.I. Act, Police Station-Kotwali Nagar, District-Banda. 3. It is submitted by learned counsel for applicant that vide order dated 09.10.2025 summon were issued thereafter date was fixed as 14.11.2025. On 14.11.2025, learned Magistrate issued bailable warrant and next date fixed as 08.12.2025. On 08.12.2025, learned Magistrate issued NBW against the applicant on non appearance. It is further submitted that NBW issued by learned Magistate is non application of judicial mind. 4. Considering the argument raised by applicant's counsel, it is evident that warrant issued agains