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Neutral Citation No. - 2025:AHC:80753 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 15860 of 2025 Applicant :- Shravan Kumar Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arvind Kumar Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Sri Devendra Singh holding brief of Sri Arvind Kumar, learned counsel for the applicant submits that though the present application has been preferred to quash the order dated 6.2.2025, whereby Non Bailable Warrant has been issued against the applicant, passed by Additional Civil Judge (Senior Division)/Fast Track Court, Chitrakoot, in Case No. 4164 of 2022, (Manish Gupta versus Shravan Kumar Singh), under section 138 N.I. Act, Police Station Karwi, District Chitrakoot, pending in the court of learned Additional Civil Judge (Senior Division)/Fast Track Court, Chitrakoot but he confines his relief to the extent that breathing time be accorded to the applicant to prefer a recall application for recalling of the order dated 06.02.2025 whereby non-bailable warrants have been issued and till the same is decided, protection be accorded.
2. Learned AGA has no objection to the same.
3. Considering the submission so made across the bar the application stands disposed of directing the applicant to submit a recall application by 30.05.2025 and on the filing of the said recall application, the court below shall decide with most expedition within a period of one month subject to fulfilments of any of the requirement under the statute by the applicant.
4. No coercive action shall be taken against the applicant in the
proceedings of Non Bailable Warrant dated 6.2.2025, issued by learned Additional Civil Judge (Senior Division)/Fast Track Court, Chitrakoot, as well as entire proceeding of Case No. 4164 of 2022, (Manish Gupta versus Shravan Kumar Singh), under section 138 N.I. Act, Police Station Karwi, District Chitrakoot, pending in the court of Additional Civil Judge (Senior Division)/Fast Track Court, Chitrakoot till the application is decided.
5. The protection accorded to the applicant is only available subject to compliance of the 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 :- 15.5.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad