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2025 DAILYLAW 56030 (ALL)

NISHANT SAXENA v. STATE OF U.P. AND ANOTHER

NA528/16622/2025 · 2025-05-12

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:78467 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 16622 of 2025 Applicant :- Nishant Saxena Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shashi Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Shashi Kumar Tiwari, learned counsel for the applicant, on instructions, submits that though the present application has been preferred seeking to quash the impugned order dated 20.09.2023 passed by Learned Additional Civil Judge (J.D.)/ Judicial Magistrate, Court No.06 Agra along-with quash the proceeding of Complaint Case No. 23951 of 2023, Under Section 138 N.I. Act Police Station Rakabganj, District Agra (Sanju Singh Vs. Nishant Saxena) but he confines his relief for seeking a breathing time to file an application for recalling of the order dated 12.12.2024 bailable warrants have been issued. He submits that a breathing time be accorded. 2. Learned AGA has no objection. 3. Considering the submissions raised at the bar, the application stands disposed of granting liberty to the applicant to surrender before the court below to file application for recalling of non- bailable warrant within 45 days. The court below shall consider the said application strictly in accordance with due procedure of law with most expedition. 4. Till the application is decided, no coercive action shall be taken against the applicant with respect to impugned order dated 20.09.2023 passed by Learned Additional Civil Judge (J.D.)/ Judicial Magistrate, Court No.06 Agra along-with quash the proceeding of Complaint Case No. 23951 of 2023, Under Section 138 N.I. Act Police Station Rakabganj, District Agra (Sanju Singh Vs. Nishant Saxena). 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 :- 13.5.2025/Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad