Neutral Citation No. - 2025:AHC:88465 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 15435 of 2025 Applicant :- Manish Bhatia Opposite Party :- State of U.P. and Another Counsel for Applicant :- Nikhil Chaturvedi Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Shri Nikhil Chaturvedi, learned counsel for the applicant and Sri S.K. Singh, learned AGA for the State. 2. This Court on 05.05.2025 proceeded to pass the following orders: "1. Learned counsel for the applicant submits that though the complaint has been lodged under the provisions of Drugs and Cosmetics Act, 1940, but no summoning order has been passed, though the non-bailable warrant has been issued and proceeding under Section 82 CrPC has been initiated. 2. Sri Indrajeet Singh Yadav, learned A.G.A. seeks time to obtain instructions. 3. Put up this case on 14.05.2025 at 02:00 P.M. as fresh." 3. Thereafter on 14.05.2025 proceeded to pass the following orders: "Sri Sudhir Kumar Chandraul, learned AGA seeks time to obtain instructions as required on 05.05.2025. Put up this case on 23.05.2025 as fresh." 4. Today instructions have been produced by the learned AGA of the Drug Inspector, District Agra, opposite party no. 2 dated 19.05.2025 which is taken on record, thus, with the consent of the parties, the application is being decided at the fresh stage. 5. This application under Section 528 BNSS has been filed by the applicant to quash the entire proceedings of complaint case No. 6271 of 2019, State of U.P. through Drugs Inspector Vs. Manish Bhatia, under Section 18/27 (a), (b) (ii) of the Drugs & Cosmetics Act, 1940, Police Station New Agra, District Agra pending in the court of Special Judge Drugs & Cosmetic Act /Additional District Judge, IX Agra as well as N.B.W. order dated 11.2.2021. 6. The case of the applicant is that a complaint was lodged on 03.04.2019 by the Drug Inspector, Agra, opposite party no. 2 against the applicant under Section 18/27 (a), (b) (ii) of the Drugs & Cosmetics Act, 1940 which was registered on 03.04.2019 as Case No. 6271 of 2019 and the next date was fixed on 22.04.2019. Submission of the learend counsel for the applicant is that though the case was transferred by orders passed by the District Judge, Agra from one Court to another but on 11.02.2021, non-bailable warrants were issued and on 03.06.2021, the date was fixed for 24.06.2021 for summons. 7. Learned counsel for the applicant submits that not only non- bailable warrants but also proceedings under Section 82 Cr.P.C. have been proceeded with. Argument of the learned counsel for the applicant is that without there being any order, summoning the applicant, there could not be any order for issuance of the non- bailable warrants and also proceedings under Section 82 Cr.P.C. 8. Learned AGA as per the instructions of the opposite party no. 2 dated 19.05.2025 has submitted that prima facie, the allegations contained in the complaint shows a commission of the offences under the penal sections as noticed above but however, he could not dispute the fact that it is not apparent as to which on date the summons were issued. He, however, submits that the applicant be permitted to move an application for recalling of the order whereby non-bailable warrants have been issued and a court below be directed to consider the same with most expedition. 9. Learned counsel for the applicant has no objection to the same and gracefully accepts the same but according to him, the anxiety is that protection be accorded in the interregnum period. 10. Considering the submissions so made across the bar as well as the over all facts situation, the application is being disposed of directing the applicant to submit a recall application by 07.07.2025 for recalling of the orders issuing non-bailable warrants and consequential order and the court below shall decide the same with most expedition examining the matter as to whether the summoning order had been issued or not. 11. The court below shall decide the said application within a period of one month thereon. 12. Till the disposal of the said application, no coercive action shall be taken against the applicant in pursuance of complaint case No. 6271 of 2019, State of U.P. through Drugs Inspector Vs. Manish Bhatia, under Section 18/27 (a), (b) (ii) of the Drugs & Cosmetics Act, 1940, Police Station New Agra, District Agra pending in the court of Special Judge Drugs & Cosmetic Act /Additional District Judge, IX Agra as well as N.B.W. order dated 11.2.2021. 13. In the event of default of any of the conditions by the applicant as referred to above, the interim protection shall stand vacated without reference to the Bench. 14. It is always open for the applicant to take legal recourse, subject to the fate of the outcome of the recall application. Order Date :- 23.5.2025 A. Prajapati Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad