Neutral Citation No. - 2025:AHC:120219 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 8819 of 2025 Applicant :- Ram Chandra Ram Chander Vishwakarma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashok Kumar Upadhyay,Shiv Murti Pandey Counsel for Opposite Party :- Ankur Vishwakarma,G.A.,Kapoor Chandra Vishwakarma,Pavan Gupta Hon'ble Vikas Budhwar,J. Heard Sri Uday Prakash Deo Pandey, (AOR No. A/U 0004/2012) holding brief of Sri Ashok Kumar Upadhyay, learned counsel for the applicant as well as Sri S.P. Singh, learned State Law Officer for the State and Mrs. Tanila Parveen (A/T 0685/ 2025) holding brief of Sri K.C. Vishwakarma, learned counsel for opposite party no.2. This is an application filed U/s 528 BNSS for quashing the order dated 28.01.2025, 01.02.2025, 04.02.2025 issuing non bailable warrants/ proceeding U/s 82 Cr.P.C. against the applicant in complaint case no. 4602 of 2020 (Dharmendra Vishwakarma vs. Ram Chandra Vishwakarma) pending in the court of Judicial Magistrate, Bhodhi Gyanpur U/s 138 of N.I. Act. Learned counsel for the applicant has submitted that post lodging of the proceedings U/s 138 of N.I. Act, the applicant came to be summoned and thereafter on 16.02.2024 the applicant obtained bail. However, due to certain reasons beyond the comprehension and the control of the applicants, non bailable warrants were issued on 28.01.2025 and 04.02.2025 and thereafter the proceedings U/s 82 Cr.P.C. has also been initiated. Learned counsel for the applicants that a breathing time to the applicant to file recall application. Learned State Law Officer as well as the opposite party no.2 submits that there only anxiety is that the proceedings be given a logical end and the applicant should not misuse the liberty. Learned counsel for the applicant at this stage as per the instructions submits that the applicant shall not take unnecessary adjournment and shall participate and join the proceedings. Considering the submissions made across the bar, the present application disposed of directing the applicant to submit an application seeking recall of the non-bailable warrant/ the proceeding under section 82 Cr.P.C. by 31.07.2025. Till the disposal of the recall application no coercive action shall be taken against the applicant in the proceedings of order dated 28.01.2025, 01.02.2025, 04.02.2025 issuing non bailable warrants/ proceeding U/s 82 Cr.P.C. against the applicant in complaint case no. 4602 of 2020 (Dharmendra Vishwakarma vs. Ram Chandra Vishwakarma) pending in the court of Judicial Magistrate, Bhodhi Gyanpur U/s 138 of N.I. Act. The protection accorded to the applicant is only available subject to compliance of the terms and conditions and timeline as provided therein and in case of default, the order shall stand vacated without reference to the Bench. Order Date :- 21.7.2025 C. MANI (Vikas Budhwar,J.) Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad