Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 13547 of 2025 Applicant :- Nitesh Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Babul Kumar Sharma Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Supplementary affidavit filed today is taken on record. 2. Sri. B.K.Sharma, learned counsel for the applicant has made a statement at bar that as per the instruction received from his client that though the present application has been preferred for quashing the summoning order dated 22.05.2023 passed by Presiding Officer, Additional court Jhansi, in complaint case no. 12825 of 2023 (Tauhid Ahmad vs. Nitesh Yadav) U/s 138 of N.I. Act P.S. Nawabad, District Jhansi (U.P.). However, he confines his prayer for grant of breathing time to prefer a recall application for recalling the non-bailable-warrants so issued on 13.12.2024. 3. Learned AGA has no objections to the same. 4. Considering the submissions so made across the bar, the application disposed of directing the applicant to prefer an appropriate application before the court below by 30.05.2025 and the court below shall decide the said application/ recall application strictly in accordance with law subject to due compliance being made by the applicants under the statute within a further period of a 45 days. 5. Till application is decided within 45 days, no coercive action shall be taken against the applicant with respect to in complaint case no. 12825 of 2023 (Tauhid Ahmad vs. Nitesh Yadav) U/s 138 of N.I. Act P.S. Nawabad, District Jhansi (U.P.) as well as non bailable warrant dated 13.12.2024. Order Date :- 14.5.2025 /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