Neutral Citation No. - 2025:AHC:33870 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 6624 of 2025 Applicant :- Ramu Alias Shailendra Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anil Kumar,Kalp Dev Mishra Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Kalp Dev Mishra, learned counsel for the applicant and Sri S.P. Singh, learned AGA for the State. 2. This is an application under Section 528 of BNSS filed for quashing the 11.04.2023 passed by IIIrd Addl. District and Sessions Judge, Special Judge, DAA Act, Agra in Special Sessions Trial No. 777 of 2019 (State vs. Hotam Singh alias Heta and Ors) arising out of case crime no.16 of 2019, under Sections 394, 511, 427, IPC P.S. Fatehabad District Agra. 3. Learned counsel for the applicant submits that though the first information report no. 016 of 2019 stood lodged 08.01.2019 under Sections 392, 511, IPC by the opposite party against unknown persons, according to counsel for the applicant on 11.04.2023 the court below issued non bailable warrants. Learned counsel for the applicant has invited attention towards page-36 of the paper book annexure-4 reference whereof has been made in paragraph -12 so as to contend that there happens to be a communication of Jail Superintendent of District Jail Orai to the Additional Civil Judge (J.D)/ J.M., Jalaun dated 13.12.2024 according to which the applicant in connection with a case no.1487 of 2022 bearing case no. 88 of 2022, under Section 457, 380, 411 IPC was in jail. Learned counsel for the applicant submits that on account of fact that he was confined in jail, thus he could make himself present on account where of the non-bailable warrant has been issued. He further submits that applicant shall be filing of a recall application and in case, such an application is preferred the same be directed to be decided and the applicant granted interim protection till then. 4. The learned State Law Officer does not dispute the said fact, according to him it is apparent from communication at page 36 of the paper book that dated 13.12.2024 of the Jail Superintendent that the applicant was languishing in jail from 19.05.2022 to 28.11.2024. 5. Considering the submissions made across the bar, the application stands disposed of by directing the applicant to file a recall application before the court of III Addl. District and Sessions Judge/ Special Judge (DAA Act), Agra by 26.03.2025 and on the presentation of the said recall application the court below shall decide the said application by 18.04.2025. 6. Till 18.04.2025 no coercive shall be taken against the applicant in in Special Sessions Trial No. 777 of 2019 (State vs. Hotam Singh alias Heta and Ors) arising out of case crime no.16 of 2019, under Sections 394, 511, 427, IPC P.S. Fatehabad District Agra 7. The interim protection so accorded to the applicant shall only apply in those contingencies where in the applicant sticks to the time line and does not violate any of the conditions mentioned therein and in default, the interim protection stands vacated without reference to the Bench. Order Date :- 7.3.2025 C. MANI (Vikas Budhwar,J.) Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad