Neutral Citation No. - 2025:AHC:84186 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 3843 of 2025 Applicant :- Kalpu And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh,Rupa Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Shri Rajeshh Rupa, learned counsel for the applicants as well as Shri Pankaj Rai, learned State Law Officer for the State. 2. This is an application under Section 528 of the BNSS for setting aside the cognizance order dated 24.06.2022 in Complaint Case No. 1362 of 2022 (State v. Dev Kumar and others) under Sections 5/26 and 41/42 of Indian Forest Act, 1927 as well as non-bailable order dated 19.10.2024. 3. Learned counsel for the applicants as per the instructions, submits that the applicant confines his relief for filing a recall application for recalling the non-bailable order dated 19.10.2024 and till the said recall application is decided, protection be accorded to the applicants. 4. Learned State Law Officer has no objection to the same. 5. Considering the submission made across the bar, the application stands disposed of directing the applicants (parties) to submit a recall application before the Court below by 30.05.2025 and on the said motion, the Court below shall decide the recall application, strictly in accordance with law, subject to statutory compliance as required under the statute within a period of 45 days. 6. Till 45 days, no coercive action shall be taken against the applicants in pursuance of the cognizance order dated 24.06.2022 in Complaint Case No. 1362 of 2022 (State v. Dev Kumar and others) under Sections 5/26 and 41/42 of Indian Forest Act, 1927 as well as non-bailable order dated 19.10.2024. 7. The protection so accorded to the applicants shall only be applied in those contingencies wherein the applicants conform to the timelines and does not violate any of the terms and conditions of the order. In default whereof, the protection, so accorded, shall stand vacated without reference to the Bench. Order Date :- 19.5.2025 Aditya Tripathi Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad