KAMLESH VISHWAKARMA AND ANOTHER v. STATE OF U.P. AND ANOTHER
NA528/20708/2025 · 2025-07-10
Vikas Budhwar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 66514 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 66514 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:111522 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 20708 of 2025 Applicant :- Kamlesh Vishwakarma And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anand Mohan Rai Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Mr. Anand Mohan Rai, learned counsel for the applicants submits that though the application has been preferred to quash the proceedings of Complaint Case No.1856 of 2019 'Siddharth Maheshwari vs. Kamlesh Vishwakarma' U/s 138 N.I. Act of Police Station- Kotwali Nagar, District Saharanpur pending in the court of Additional Judge, Saharanpur as well as the impugned summoning order dated 09.01.2020 and Non Bailable Warrant dated 16.05.2025 issued against the applicant, however, he confines his relief for recalling of the NBW order.
2. Learned A.G.A. has no objection to the same.
3. Considering the submissions so made by the counsel for the applicants as well as stand taken by them, the application stands
disposed of directing the applicants to submit a recall application for recalling of the non-bailable warrants in accordance with law subject to fulfillment of the statutory requirement by 18.07.2025 and on the said motion, the court below shall decide the same with most expedition within one month. post surrendering and obtaining bail and the court below shall decide the same with most expedition within a period of one month.
4. Till the recall application is decided, no coercive action shall be taken against the applicants with respect to Complaint Case No.1856 of 2019 'Siddharth Maheshwari vs. Kamlesh
Vishwakarma' U/s 138 N.I. Act of Police Station- Kotwali Nagar, District Saharanpur pending in the court of Additional Judge, Saharanpur as well as the impugned summoning order dated 09.01.2020 and Non Bailable Warrant dated 16.05.2025.
5. The protection accorded to the applicants 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 :- 11.7.2025 A. Prajapati Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad