Neutral Citation No. - 2025:AHC:29073 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 6823 of 2025 Applicant :- Rajveer Singh Alias Raju And Another Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. On the oral request of learned counsel for the applicants, he is permitted to implead Devi Sahay (since deceased) as O.P. No.2, during the course of the day. 2. Heard Sri R.K. Tiwari, learned counsel for the applicants, who are two in number, and Sri Abhishek Tripathi, learned A.G.A. for the State. 3. This is an application under Section 528 of BNSS preferred by the applicants for setting aside the Non-Bailable Warrants dated 11.12.2024 and 13.1.2025 passed by Special Judge (SC/ST Act) Jalaun at Orai in S.S.T. No. 63 of 2023 arising out of Complaint Case No. 2 of 2019 (Devi Sahay Vs. Raju and others) under section 147, 304, 406 I.P.C. and section 3 (2) (V) SC/ST Act, Police Station- Madhogarh, District Jalaun, pending in the court of Additional District and Session Judge/ Special Judge (SC/ST Act) District Jalaun at Orai. 4. Learned counsel for the applicants submits that the applicants herein had preferred Criminal Appeal No.3570 of 2024, wherein this Court on 25.09.2024 proceeded to pass the following order: - "1. Heard learned counsel for the appellants, Sri Dinesh Kumar Singh, learned counsel for the respondent no.2 and learned A.G.A. for the State. 2. The instant appeal has been preferred to set-aside the order dated 20.12.2023 passed by learned Special Judge, SC/ST (PA) Act, Jalaun at Urai in S.S.T. No.63 of 2023 arising out of Complaint Case No.2 of 2019 (Devi Sahai vs. Raju and Others), P.S. Madhaugarh, District- Jalaun, whereby the appellants have been summoned under sections 147, 304, 406 I.P.C. and sections 3(2)(5) of SC/ST Act. 3. Learned counsel for the appellants pressed all the grounds whatsoever has been taken through the instant criminal appeal through which, it has been apprised that there is hardly any attraction of sections in which the appellants have been summoned and all these grounds have not been taken into consideration while passing the order dated 20.12.2023. 4. Per contra, learned A.G.A. and learned counsel for the respondent no.2 opposed the prayer sought through the instant appeal on the ground that summoning order has been passed after considering the material available on record. 5. Be that as it may, no useful purpose shall be served by way of giving time for exchange of counter and rejoinder affidavits and keeping the matter pending before this Court. 6. In view of the aforesaid facts and circumstances, learned Special Judge, SC/ST (PA) Act, Jalaun at Urai is hereby directed to proceed with S.S.T. No.63 of 2023 arising out of Complaint Case No.2 of 2019 (Devi Sahai vs. Raju and Others), P.S. Madhaugarh, District- Jalaun and expedite and finalize it preferably within a year from the date of presentation of certified copy of this order before him without granting any unnecessary adjournment to either of the parties. 7. Learned counsel for the appellants assures on behalf of the appellants that they will fully cooperate with the learned concerned court for expeditious disposal of the said complaint case and ensure their presence as and when required by learned concerned court. 8. However, it is made clear that till the disposal of the above mentioned complaint case no coercive action shall be initiated against the appellants. 9. The instant appeal is hereby disposed of accordingly." 5. Learned counsel for the applicants submits that though during the continuance of the interim protection accorded to the applicants till the disposal of the said case, no coercive action was directed to be initiated against the applicant, however, certain circumstances being beyond comprehension, the applicants could not present themselves and joined the trial on 11.12.2024, pursuant to which non-bailable warrants have been issued. Learned counsel for the applicants submits that applicants be permitted to prefer a recall application for recalling the order of issuing non-bailable warrants / be accorded further liberty to surrender and his bail application be considered in accordance with law. 6. Learned A.G.A. on the other hand submits that though there happens to be an order in favour of the applicants for a direction for no coercive action, but that does not mean that the applicants should avoid or not present himself in the proceedings in join the same. However, in case the applicants seek and file an application for recalling of the non-bailable warrants / bail, surrender and consideration of bail application, which he has no objection. 7. Having heard the submissions so advanced, the application stands disposed of directing the applicants to file recall application by 20.03.2025/surrender and seek bail by the said date and the said proceedings so sought to be initiated by the applicants shall be decided by 18.04.2025. 8. Till the disposal of the said application, so sought to be preferred, the non-bailable warrants dated 11.12.2024 and 13.01.2025 shall be kept in abeyance. The interim protection is only available to the applicants in those contingencies, where they stick to the timeline and do not violate the conditions of bail. Order Date :- 3.3.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad