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2025 DAILYLAW 22559 (ALL)

GULJAR AHMAD v. STATE OF U.P. AND ANOTHER

NA528/6236/2025 · 2025-05-14

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:79725 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 6236 of 2025 Applicant :- Guljar Ahmad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pankaj Srivastava,Shivajee Srivastava Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Sri Shivajee Srivastava, learned counsel for the applicant as per instructions submits that though the present application under Section 528 BNSS has been preferred by the applicant for quashing the Non-Bailable Warrant (N.B.W.) dated 16.11.2024 issued by the learned Additional Chief Judicial Magistrate, Court No. 15, Allahabad along with all the consequential proceedings in the Complaint Case No.246/2012 under section 498-A, 323, 506 I.P.C. and section 3/4 D.P. Act Police Station-Baharia District- Allahabad and the Complaint Case is pending in the court of learned Additional Chief Judicial Magistrate, Court No. 15, Allahabad, but he confines his relief for filing a recall application for recalling the non-bailable warrant dated 16.11.2024. 2. Learned A.G.A. has no objection to the same. 3. Considering the submissions raised at the Bar and the statements so sought to be made by them, this Court does not find any good ground for interfering in the present proceeding. The application stands disposed of while observing that in case recall application for recalling the non-bailable warrant dated 16.11.2024 is preferred before the court concerned by 30.05.2025, then this Court has no reason to disbelieve that the same shall be decided with most expedition strictly in accordance with the law of the land. 4. Till 45 days from today, no coercive action shall be taken against the applicant with respect to the Non-Bailable Warrant (N.B.W.) dated 16.11.2024 issued by the learned Additional Chief Judicial Magistrate, Court No. 15, Allahabad as well as in Complaint Case No.246/2012 under section 498-A, 323, 506 I.P.C. and section 3/4 D.P. Act Police Station-Baharia District-Allahabad and the Complaint Case is pending in the court of learned Additional Chief Judicial Magistrate, Court No. 15, Allahabad. 5. The protection accorded to the applicant is only available subject to compliance of terms and conditions and timeline as provided herein and in case of default, the order shall stand vacated without reference to the Bench. Order Date :- 15.5.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad