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2025 DAILYLAW 66961 (ALL)

MOHD AZAD SAIFI v. STATE OF U.P. AND ANOTHER

NA528/21437/2025 · 2025-07-06

Vikas Budhwar

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:106469 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 21437 of 2025 Applicant :- Mohd Azad Saifi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Kumar Misra,Sadashiv Tripathi Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Sri Sadashiv Tripathi, learned counsel for the applicant, on instructions, submits that though the application has been preferred to quash the NBW orders from 26.04.2019 to 01.02.2024 and thereafter proceedings of the section 82 and 83 of Cr.P.C. was also going on from 23.04.2024 to 06.05.2025 arising out of complaint case no. 855 of 2017 u/s 138 NI Act, P.S. Pilkhuwa, District Hapur, however, he confines his relief for compounding under Section 147 of the N.I. Act in view of the judgement in Damodar S. Prabhu Vs Sayed Babalal AIR 2010 SC 1907. 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 compounding under Section 147 of N.I. Act by 31.05.2025 and on the submission of the same, the court below shall decide the same within 45 days and this Court has no reason to disbelieve that the same shall be decided with most expedition strictly in terms of the judgment passed in Damodar S. Prabhu (supra). 4. Till the application is decided, no coercive action shall be taken against the applicant with respect to NBW orders from 26.04.2019 to 01.02.2024 and thereafter proceedings of the section 82 and 83 of Cr.P.C. was also going on from 23.04.2024 to 06.05.2025 arising out of complaint case no. 855 of 2017 u/s 138 NI Act, P.S. Pilkhuwa, District Hapur. 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 :- 7.7.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad