Neutral Citation No. - 2025:AHC:90560 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 16039 of 2025 Applicant :- Upendra Alias Bhupendra And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Yashwant Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Sri Yashwant Pratap Singh, learned counsel for the applicants as per the instructions submits that though the present application has been preferred to quash the entire proceeding of Criminal Complaint Case No.150/2015, new Case No.778/2017 (Sarita Devi Versus Upendra and other) under Sections 323, 504, 506, 498A I.P.C. 3/4 D.P. Act, Police Station-Kothibhar, District-Maharajganj, as well as impugned N.B.W. order dated 04/12/2021 passed by the Civil Judge(Junior Division)/F.T.C. 1st Maharajganj and summoning order dated 18/11/2016 passed by the Judicial Magistrate/Civil Judge(Junior Division), Maharajganj in old Complaint Case No.501/2016 (Sarita Devi Versus Upendra and other) under Sections 323, 504, 506, 498A I.P.C. 3/4 D.P. Act, Police Station-Kothibhar, District-Maharajganj, now pending in the Court of learned Civil Judge (Junior Division)/F.T.C. 1st Maharajganj however, non-bailable warrant have been issued on 4.12.2021. 2. Learned counsel for the applicant submits that breathing time be accorded to the applicants to move the recall application for recalling of the non-bailable warrants and the consequential proceedings thereon. 3. Learned AGA has no objection to the same. 4. Considering the submissions so made across bar the application stands disposed of directing the applicants to file a recall application for recalling of the non-bailable warrants by 13.6.2025 and on the said motion the court below shall decide the same within a period of one month thereafter. 5. Till the recall application is decided, no coercive action shall be taken against the applicants in Criminal Complaint Case No.150/2015, new Case No.778/2017 (Sarita Devi Versus Upendra and other) under Sections 323, 504, 506, 498A I.P.C. 3/4 D.P. Act, Police Station-Kothibhar, District-Maharajganj. 6. The protection so accorded to the applicants shall only be confined in those contingencies wherein the applicants sticks to the time line and does not violate any of the conditions of the order. Order Date :- 27.5.2025 piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad