Neutral Citation No. - 2025:AHC:35799 Court No. - 74 Case :- APPLICATION U/S 482 No. - 2308 of 2025 Applicant :- Harishchandra Sharma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Akhand Pratap Singh,Saurabh Pandey Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Akhand Pratap Singh,, learned counsel for the applicant as well as Sri Moti Lal, learned AGA for the State. 2. This is an application under Section 482 Cr.P.C. filed for quashing the order dated 16.12.2024 passed by learned Civil Judge (J.D.)/ Judicial Magistrate, court no. 12, Mathura passed in Criminal Case No. 545 of 2007 (State vs. Harishchandra) arising out of case crime no.17 of 2006, under Sections 420, 471 IPC, P.S. Raya District Mathura. 3. Learned counsel for the applicant submits that the first information report stood lodged on 24.01.2006 by opposite party no.2 against the applicant in case crime no. 17 of 2006, under Sections 420, 467, 468, 471 IPC P.S. Raya, District Mathura, thereafter the charge sheet stood submitted on 04.04.2007 and the Magistrate took cognizance on 16.04.2007 however, non-bailable warrants have been issued on 02.12.2024. Learned counsel for the applicant further submitted that due to his bad health and week financial position and unawareness about the status of the trial, he could not present himself. He submits that a breathing time be accorded for filing recall application and till that time interim protection be accorded. 4. Learned AGA has no objection to the same. 5. Having heard the arguments made across the bar, the application stands disposed of directing the applicant to appear before the court below for filing a recall application by 04.04.2025 and on the said process, the application shall be decided by 25.04.2025. 6. Till the decision of the application, no coercive action shall be taken against the applicant in pursuance of order dated 16.12.2024 passed by learned Civil Judge (J.D.)/ Judicial Magistrate, court no. 12, Mathura passed in Criminal Case No. 545 of 2007 (State vs. Harishchandra) arising out of case crime no.17 of 2006, under Sections 420, 471 IPC, P.S. Raya District Mathura. 7. The interim protection accorded to the applicant shall remain applicable only in those contingencies wherein the applicant sticks to the timeline and does not violate any of the conditions of the order and in case of default, the order shall stand vacated without reference to the Bench. Order Date :- 11.3.2025 C. MANI (Vikas Budhwar,J.) Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad