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2025 DAILYLAW 60779 (ALL)

NISAR AHMAD v. STATE OF U.P. AND ANOTHER

NA528/18836/2025 · 2025-05-25

Vikas Budhwar

Special Leave Petitionbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:89617 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 18836 of 2025 Applicant :- Nisar Ahmad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shahbaz Khan Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Sri Mohammed Monish (A/M 2256/2023) holding brief of Sri Shahbaz Khan, learned counsel for the applicant submits that though the application has been preferred to quash the entire criminal proceedings of Complaint Case No. 1615 of 2022, and also quash the summoning order dated 12.12.2022 passed by Court of Learned Second Additional Civil Judge (J.D) / Judicial Magistrate AmrohaUnder Section 138 N.I Act police station Didauli District Amroha, pending in the Court of learned second Additional Civil Judge (J.D) / Judicial Magistrate Amroha, however, he confines his relief for enlargement on bail in view of the law laid down in Satender Kumar Antil Vs. Central Bureau of Investigation and another; decided on 07.10.2021 in S.L.P. No.5191 of 2021. 2. Learned A.G.A. has no objection to the same. 3. Considering the submissions raised at the Bar, the application stands disposed of granting liberty to the applicant to prefer appropriate application for enlargement on bail and on the submission of the same, the court below shall decide the same within 45 days and, in case, such proceeding is preferred before the court concerned, then this Court has no reason to disbelieve that the same shall be decided with most expedition strictly in terms of the judgment passed in Satender Kumar Antil (supra). 4. Till the application is decided, no coercive action shall be taken against the applicant with respect to Complaint Case No. 1615 of 2022, Under Section 138 N.I Act police station Didauli District Amroha, Pending in the Court of Learned Second Additional Civil Judge (J.D) / Judicial Magistrate Amroha. 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 :- 26.5.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad