Neutral Citation No. - 2025:AHC:19590 Court No. - 74 Case :- APPLICATION U/S 482 No. - 3924 of 2025 Applicant :- Neeraj Saxena Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sunil Kumar Tiwari,Vijay Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Sunil Kumar Tiwari, learned counsel for the applicant as well as Kuldeep Singh Chauhan, learned AGA for the State. 2. In view of the order which is being proposed to be passed, notice is not being issued to the second respondent. 3. Learned counsel for the applicant has argued that pursuant to lodging of the FIR by the opposite party No. 2 against the applicant on 28.08.2012, an FIR came to be registered being No. 1396 of 2012 under Section 379, 337, 338 IPC Police Station Civil Lines Rampur thereafter, the applicant was enlarged on bail on 25.09.2012 and charge sheet stood submitted on 17.11.2012 and cognizance on 04.04.2013, however, the applicant as per the statements made in para 13 of the application is a labour in a brick kiln in a different place, thus, he could not present himself on the date fixed and non-bailable warrants were issued. Learned counsel for the applicant submits that a breathing time be accorded to it to file a recall application for recalling of the order by which an order for non-bailable warrant has been issued and in the meantime in the interregnum period no coercive action against him shall be taken. 4. Learned AGA has no objection to the same. 5. Considering the facts and circumstances of the case, the application stands disposed of directing the applicant to prefer a recall application/other proceedings which are contemplated and permissible under law by 28.02.2025 and on the said motion the court below shall decide the said proceedings which would be initiated by the applicants permissible and advisable under law and the same shall be decided by 28.03.2025. Till the disposal of the application/proceedings which would be initiated, no coercive action shall be taken against the applicant. Interim protection so accorded today, shall only be available to the application in those contingencies wherein, he sticks to the timeline and does not commit any default to the order passed by this Court. Order Date :- 10.2.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad