Neutral Citation No. - 2025:AHC:33538 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 5484 of 2025 Applicant :- Ravi Chauhan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Alok Kumar,Manoj Yadav,Rahul Yadav Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Rahul Yadav, learned counsel for the applicant and Sri Muniraj Mehrotra, learned A.G.A. for the State. 2. The applicant herein has filed the present application u/s 528 BNSS for setting aside the N.B.W. order dated 13.2.2025 in Case No. 14908 of 2023 (State Vs. Pankaj Sahani and others) arising out of Case Crime No. Under 0435 of 2022 41,411,413,414,419,420,467, 468,471 I.P.C., Station-Kopaganj, Section- Police District Mau, pending before Chief Judicial Magistrate, Mau. 3. Learned counsel for the applicant submits that post lodging of the first information report on 17.10.2022 against the applicant and others under Sections 41,411,413,414,419,420,467, 468,471 I.P.C. charge sheet stood submitted, the applicant was enlarged on bail by the court below on 23.11.2022, however, in the meantime, on 19.7.2024 in the proceedings under Section 3(1) of the U.P. Goonda Act, 1970 order was passed for externment and his entry was prohibited in the district. He further submits that on account whereof the applicant could not make himself physically present before the court below in the proceedings, non-bailable warrant has been issued. He also submits that interim protection be accorded the applicant shall file an appropriate application for recalling of the order/seeking of bail and in the meantime the interim protection be accorded. 4. Learned AGA on the other hand submits that the he does not dispute the said fact. According to him, whatever arguments have been sought to be contended he can be raised before the court below. 5. Considering the submissions so made across the bar, the application stands disposed of directing the applicant to submit a recall application by 4.4.2025.On being motion so sought to be put to service by the applicant, the court below shall decide the recall application by 25.4.2025. Till then no coercive action shall be taken against the applicant pursuant to N.B.W. order dated 13.2.2025 in Case No. 14908 of 2023 (State Vs. Pankaj Sahani and others) arising out of Case Crime No. Under 0435 of 2022 41,411,413,414,419,420,467, 468,471 I.P.C., Station-Kopaganj, Section- Police District Mau, pending before Chief Judicial Magistrate, Mau. 6. The interim protection so accorded by this Court today shall remain only applicable in those contingencies wherein the applicant sticks to the timeline and does not violate by any of the conditions of the order and in case there is any violation of the timeline and then the interim protection shall stand vacated without any reference to the Bench. 7. In view of above, the present application under section 528 of the B.N.S.S. stands disposed of. Order Date :- 7.3.2025 piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad