HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 37853 of 2025 Court No. - 75 HON'BLE VIKAS BUDHWAR, J. 1. Heard Sri Dharmendra Kumar Dwivedi, learned counsel for the applicant as well as Sri Abhishek Tripathi, learned A.G.A. for the State. 2. Learned counsel for the applicant submits that though this is an application under Section 528 BNSS preferred by the applicant for quashing the criminal proceedings as well as N.B.W. Order dated 23.06.2025 and order dated 29.07.2025 U/s 82 Cr.P.C. issued by Ld. Civil Judge J.D.-I Mirzapur in Complaint Case no. 2205 of 2014, Dhirender Vs. Sunil U/s 138 N.I. Act P.S. Kotwali Katra District Mirzapur, however, he confines his relief for filing a recall application for recalling of the non-bailable warrant on the premise that due to certain reasons, which were beyond his control and comprehension, the applicant could not participate and join the proceedings, as such non-bailable warrants came to be issued and in between proceeding under Section 82 of CrPC was undertaken. Learned counsel for the applicant further submits that some breathing time be accorded to him for filing recall application before the court below and till the disposal of the recall application, applicant be accorded protection. 3. Learned A.G.A. has no objection to the same. 4. Considering the over all facts situation as well as the stand taken by the applicant, the application stands disposed of directing the applicant to submit recall application seeking recall of non-bailable warrant before the court below by 17.10.2025. 5. Till the disposal of the recall application, no coercive action be taken Versus Counsel for Applicant(s) : Dharmendra Kumar Dwivedi, Kaushlendra Pandey Counsel for Opposite Party(s) : G.A. Sunil Kumar Shukla .....Applicant(s) State of U.P. and Another .....Opposite Party(s) against the applicant with respect to criminal proceedings as well as N.B.W. Order dated 23.06.2025 and order dated 29.07.2025 U/s 82 Cr.P.C. issued by Ld. Civil Judge J.D.-I Mirzapur in Complaint Case no. 2205 of 2014, Dhirender Vs. Sunil U/s 138 N.I. Act, P.S. Kotwali Katra, District Mirzapur. 6. The protection accorded to the applicant is only available subject to compliance of terms and conditions and timeline as provided herein and in case of default, the order shall stand vacated without reference to the Bench. September 26, 2025 N.S.Rathour NA528 No. 37853 of 2025 2 (Vikas Budhwar,J.) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad