OM SIDDHARTHA BAUDDHA v. STATE OF U.P. AND ANOTHER
NA528/19201/2025 · 2025-05-27
Vikas Budhwar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 60745 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 60745 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 19201 of 2025 Applicant :- Om Siddhartha Bauddha Opposite Party :- State of U.P. and Another Counsel for Applicant :- Santosh Kumar Dubey,Vinay Bhushan Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Heard Sri Vinay Bhushan Upadhyay along with Sri Santosh Kumar Dubey learned counsel for the applicant as well as Sri Indrajeet Singh Yadav, learned AGA for the State/opposite party no.1.
2. Though the application u/s 528 BNSS has been preferred by the applicant for quashing the entire proceedings of arising out of Complaint case No. 29 of 2024 (Manoj Kumar Vs. Om Siddhartha Bauddha & others) under Section 138 N.I. Act, Police Station- Robertsganj, District- Sonebhadra, pending in the court of Chief Judicial Magistrate, Sonebhadra, as well as summoning order dated 22.03.2024, passed by Chief Judicial Magistrate Sonebhadra, however, he confines his relief for compounding of the offences under Section 147 of the N.I. Act and a direction be issued to the court below to decide the application in light of the judgment in the case of Damodar S. Prabhu Vs. Syed Babalal, (2010) 5 SCC 663 and till the said application is preferred, protection be accorded.
3. Learned A.G.A. as well as counsel for O.P. No.2 have 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 13.06.2025 and on the receipt of the same, the court below shall decide the compounding application with most expedition, preferably within a period of two months.
5. For a period of two months from today, no coercive action shall be taken against the applicant with respect to Complaint case No. 29 of 2024 (Manoj Kumar Vs. Om Siddhartha Bauddha & others) under Section 138 N.I. Act, Police Station-Robertsganj, District- Sonebhadra, pending in the court of Chief Judicial Magistrate,
Sonebhadra, as well as summoning order dated 22.03.2024, passed by Chief Judicial Magistrate Sonebhadra.
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 :- 28.5.2025 piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad