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2025 DAILYLAW 10813 (ALL)

RAJESH KUMAR SAXENA v. STATE OF UP AND ANOTHER

NA528/2110/2025 · 2025-02-16

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:22579 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 2110 of 2025 Applicant :- Rajesh Kumar Saxena Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajendra Kumar Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Shri Ajendra Kumar, learned counsel for the applicant and Shri S.K. Singh, learned AGA appearing on behalf of the State-respondent. 2. This application has been filed u/s 528 BNSS for quashing impugned order dated 01.03.2021 issuing NBW in criminal case no.6856 of 2023 (Old case no.6987 of 2019) in case crime no.200 of 2010 Under Sections 419, 420, 467, 468, 471, 120-B I.P.C. Police Station- Aliganj District- Etah pending in the court of learned A.C.J.M., Court No.18, Etah. 3. Learned counsel for the applicant submits that an F.I.R. stood lodged against him by the opposite party No. 2 on 04.06.2010 under Sections 419, 420, 467, 468, 471, 120-B, IPC, Police Station- Aliganj District- Etah and thereafter a charge-sheet No.135 of 2010 also came to be submitted and the applicant was enlarged on bail thereafter due to the pandemic relating to Covid- 19 as well as the transfer of the case to the another court, non- bailable warrants issued on 01.03.2021. Learned counsel for the applicant seeks to invite attention towards paragraph No. 7. He submits that 15 days time be accorded to the applicant to submit a recall application or any proceedings which is maintainable under law and till then interim protection be accorded . 4. Learned AGA has no objection to the same. 5. Considering the submission of the parties and stand taken by them, the application stands disposed of directing the applicant to submit a recall application/proceedings before the court below A.C.J.M., court No. 18, Etah by 28.02.2025 and once the said application stands referred, the same be decided by 25.03.2025. 6. Till 25.03.2025, interim protection so accorded by this Court shall remain continue and not thereafter as the same would be subject to final order passed by the court below. 7. The interim protection also accorded shall only be confined to those contingencies wherein the applicant sticks to the timeline as provided herein and in case of any default the interim protection shall stand vacated without any reference to this Bench. Order Date :- 17.2.2025 K.K.Tiwari Digitally signed by :- KRISHNA KANT TIWARI High Court of Judicature at Allahabad