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2025 DAILYLAW 50359 (ALL)

ISHTYAK @ ISHTYAK AHMAD @ GUDDU v. STATE OF U.P. THROUGH ADD. CHIEF SECRETARY HOME AT LUCKNOW AND ANTOHER

NA528/14516/2025 · 2025-04-28

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:66708 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 14516 of 2025 Applicant :- Ishtyak @ Ishtyak Ahmad @ Guddu Opposite Party :- State Of U.P. Through Add. Chief Secretary Home At Lucknow And Antoher Counsel for Applicant :- Sageer Ahmad Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Sageer Ahmad, learned counsel for the applicant and Sri S.K. Singh, learned A.G.A. for the State. 2. Learned counsel for the applicant has submitted that though the application has been preferred to quash the orders dated 07.01.2019, 17.11.2022 and 19.03.2025 passed by Civil Judge (J.D.) Baheri, District Bareilly in complaint case no. 2671 of 2018 (Mohd Haleem vs. Ishtyak Ahmad) under Section 138 of N.I. Act, P.S. Baheri, District Bareilly, however, he confines his relief for compounding under Section 147 of the N.I. Act in view of the judgement in Damodar S Prabhu Vs Sayed Babalal reported in AIR 2010 SC 1907. 3. Learned A.G.A. has no objection to the same. 4. Considering the submissions so made across the Bar, the application is disposed of directing the applicant to file the proceedings for compounding under Section 147 of N.I. Act by 9.05.2025 and the same shall be decided with most expedition preferably within a period of 45 days in terms of the judgment passed in Damodar S Prabhu (supra). 5. Till application be decided of 45 days, no coercive action shall be taken against the applicant with respect to summoning orders dated 07.01.2019, 17.11.2022 and 19.03.2025 passed by Civil Judge (J.D.) Baheri, District Bareilly in complaint case no. 2671 of 2018 (Mohd Haleem vs. Ishtyak Ahmad) under Section 138 of N.I. Act, P.S. Baheri, District Bareilly,. 6. The protection accorded to the applicant is only available subject to compliance of terms and conditions and timeline as provided herein and in case of default, the order shall stand vacated without reference to the Bench. Order Date :- 29.4.2025 /C. MANI (Vikas Budhwar,J.) Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad