Neutral Citation No. - 2025:AHC:56228 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 12685 of 2025 Applicant :- Ramkumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- J Shubham,Jitendra Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Jitendra Kumar Mishra, learned counsel for the applicant and Sri Abhishek Tripathi, learned A.G.A. for the State. 2. This is an application under Section 528 of BNSS preferred by the applicant for quashing the N.B.W. order dated 10.3.2025 and summoning order dated 12.02.2024 as well as entire criminal proceeding of Complaint Case No. 997/2023 (Anupama versus Ramkumar and others) pending in the court Judicial Magistrate/FTC-II, of Farrukhabad Under Section 498A, 323, 504 IPC and 3/4 D.P.Act related to Police Station Shamshabad, District Farrukhabad. 3. Learned counsel for the applicant has submitted that applicant herein is the husband of O.P. No.2, marriage whereof was solemnized on 28.11.2021, a summoning order stood passed on 12.02.2024 under Sections 498-A, 323, 504 IPC read with Section 3/4 of Dowry Prohibition Act. Learned counsel for the applicant submits that the applicant by virtue of the order dated 30.01.2025 was on interim bail. However, now on 10.03.2025, non-bailable warrants have been issued on the ground that the applicant was not participating and did not attend the proceeding on the date fixed by the court below. The prayer made by the learned counsel for the applicant is that the applicant shall be filing a recall application and till the recall application is decided, interim protection be accorded to him. 4. Learned A.G.A. has no objection to the same. 5. Considering the submissions so made across the Bar, the application stands disposed of requiring the applicant to prefer a recall application by 09.05.2025 and on the filing of the said recall application, the court below shall decide the same within a shortest possible time, say within a period of one month. 6. Till the disposal of the recall application, no coercive action shall be taken against the applicant in the proceeding of N.B.W. order dated 10.3.2025 and summoning order dated 12.02.2024 as well as in Complaint Case No. 997/2023 (Anupama versus Ramkumar and others) pending in the court Judicial Magistrate/FTC-II, of Farrukhabad Under Section 498A, 323, 504 IPC and 3/4 D.P.Act related to Police Station Shamshabad, District Farrukhabad. 7. The protection so accorded by virtue of the present order shall only be available subject to compliance of the directions and also meeting the timeline. In case of default, the court below shall be free to proceed in the matter and the interim protection shall be vacated without further reference to the Court. Order Date :- 17.4.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad