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2025 DAILYLAW 36364 (ALL)

MOHD. ARSHAD v. STATE OF U.P. AND ANOTHER

NA528/11191/2025 · 2025-04-06

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:50336 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 11191 of 2025 Applicant :- Mohd. Arshad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ayyaz Khan Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Mr. Ayyaz Khan, learned counsel for the applicant as well as Sri Vikas Sharma learned State Law Officer for the State. 2. This is an application U/s 528 of BNSS filed for quashing the summoning order dated 16.02.2021 along with the non-bailable warrant dated 22.10.2024 in complaint case no. 131 of 2019 (Manoj vs. Mohd Arshad) under Section 138 of N.I. Act Saharanpur. 3. Learned counsel for the applicant submits that with relation to a dishonor of a cheque of Rs. 1.5 lac, a complaint stood lodged on 05.03.2019. Thereafter, warrants were issued. The applicant had appeared on 23.09.2024 reference whereof is at page 38 of the paper book. However, without issuing bailable warrant, directly non bailable warrants have been issued against the applicant on 20.12.2024. Learned counsel for the applicant submits that applicant shall be preferring an application for recalling of the said order and till then protection be accorded. 4. Learned AGA submitted that it is always open to submit an application for recalling of the order. 5. Considering the submissions so made across the bar, the present application is finally disposed of directing the applicant to file a recall application by 25.04.2025 and on the said application so preferred, the court below shall decide the same strictly with most expedition. If any application so preferred by the applicant for recall, it is directed that till the disposal of the said application, no coercive action shall be taken against the applicant. 6. 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 :- 7.4.2025 /C. MANI (Vikas Budhwar,J.) Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad