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2025 DAILYLAW 28814 (ALL)

VEERESH BABU v. STATE OF U.P. AND ANOTHER

NA528/17700/2025 · 2025-05-25

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:88787 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 17700 of 2025 Applicant :- Veeresh Babu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dhan Pal Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Atul Kumar Singh (AoR No.A/A1560/2012) holding brief of Sri Dhan Pal, learned counsel for the applicant and Sri Indrajeet Singh Yadav, learned A.G.A. 2. Though the application u/s 528 BNSS has been preferred by the applicant for quashing the entire criminal proceeding in Complaint Case No.2142 of 2022 (Avanti Agro Chemical Vs. Anuj Beej Bhandar Muzaffarnagar), under Section 138 N.I. Act as well as summoning order dated 22.09.2022 and order dated 23.09.2024, Police Station- Nai Mandi, District Budaun, pending in the Court of Special Judge N.I. Act Muzaffarnagar, but learned counsel for the applicant has made a statement at Bar that as per instructions received by him, the applicant would approach the court below for compounding of the offences under Section 147 of the N.I. Act and a direction be issued to the court below to decide the application in light of the judgment in the case of Damodar S. Prabhu Vs. Syed Babalal, (2010) 5 SCC 663 and till the said application is preferred, protection be accorded. 3. Learned A.G.A. as well as counsel for O.P. No.2 have no objection to the same. 4. Considering the submissions so made across the Bar, the application is disposed of directing the applicant to file the proceedings for compounding under Section 147 of N.I. Act by 06.06.2025 and the court below is directed to decide the same with most expedition, preferably within 45 days. 5. Till 45 days from today, no coercive action shall be taken against the applicant with respect to the proceeding in Complaint Case No.2142 of 2022 (Avanti Agro Chemical Vs. Anuj Beej Bhandar Muzaffarnagar), nder Section 138 N.I. Act as well as summoning order dated 22.09.2022 and order dated 23.09.2024, Police Station Nai Mandi, District Budaun, pending in the Court of Special Judge N.I. Act Muzaffarnagar. 6. 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 :- 26.5.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad