Neutral Citation No. - 2025:AHC:74301 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 6536 of 2025 Applicant :- Om Prakash Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mukul Yadav,Rajesh Yadav Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Rajesh Yadav, learned counsel for the applicant and Sri Indrajeet Singh Yadav, learned A.G.A. 2. This is an application under Section 528 of BNSS preferred by the applicant for quashing the order dated 01.02.2025 as well as entire proceeding of Criminal Case No. 5899 of 2003, State Versus Om Prakash and others, under Sections 7/16 of The Prevention of Food Adulteration Act, Police Station-Dumariyaganj, District- Siddharth Nagar, pending in the court of learned Chief Judicial Magistrate, Siddharth Nagar. 3. Learned counsel for the applicant has submitted that a complaint stood preferred by O.P. No.2 under Section 7/16 of the Prevention of Food Adulteration Act. Thereafter the applicant was granted bail on 22.02.2004, however, on 01.02.2025, non-bailable warrant/ proceedings under Section 82 CrPC initiated. Learned counsel for the applicant submits that due to certain circumstances, which were beyond the control and comprehension of the applicant, he could not join the proceedings and present himself. He submits that a protection be accorded and the applicant shall move a recall application before the court below. 4. Learned A.G.A. has no objection to the same. 5. Considering the submissions so made across the Bar, the application is disposed of directing the applicant to file the recall application by 23.05.2025 and the court below is directed to decide the same with most expedition in accordance with law. 6. Till 45 days from today, no coercive action shall be taken against the applicant with respect to the order dated 01.02.2025 as well as in Criminal Case No. 5899 of 2003, State Versus Om Prakash and others, under Sections 7/16 of The Prevention of Food Adulteration Act, Police Station-Dumariyaganj, District- Siddharth Nagar, pending in the court of learned Chief Judicial Magistrate, Siddharth Nagar. 7. 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 :- 8.5.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad