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Neutral Citation No. - 2025:AHC:116381 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 25151 of 2025 Applicant :- Harveer Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Krishna Kant Dubey,Santosh Kumar Dubey Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Heard Sri Santosh Kumar Dubey, learned counsel for the applicant, learned counsel for the applicant submits that though the present application under Section 528 of BNSS has been preferred by the applicant challenging the non bailable warrant dated 17.12.2024 as well as proceeding of section 82, 83 Cr.P.C. dated 13.06.2025 issued against the applicant by the Civil Judge (J.D.)/F.T.C. Ghaziabad in complaint case no. 236 of 2021 (Praveen Kumar Versus Harveer Singh) under section 138 Ν.Ι. Act Police Station Kavi Nagar, District Ghaziabad, pending in the court of Civil Judge (J.D.)/F.T.C. Ghaziabad, but he confines his relief for filing recall application for recalling the non-bailable warrant dated 17.12.2024, which culminated into proceedings under Sections 82/83 CrPC, however, he confines his relief for filing the recall application before the court below seeking recall of the non-bailable warrant. He further submits that some breathing time be accorded to file the recall application. 2. Sri Indrajeet Singh Yadav, learned A.G.A. has no objection to the same. 3. Considering the submissions raised at the Bar and the statements so sought to be made by them, the application stands disposed of while observing that the applicant shall file appropriate proceeding in the form of recall application before the court below by 31.07.2025 and this Court has no reason to disbelieve that the court below shall decide the same with most expedition strictly in accordance with the law of the land. 4. Till 31.07.2025, no coercive action shall be taken against the applicant with respect to non bailable warrant dated 17.12.2024 as well as proceeding of section 82, 83 Cr.P.C. dated 13.06.2025
issued against the applicant by the Civil Judge (J.D.)/F.T.C. Ghaziabad in complaint case no. 236 of 2021 (Praveen Kumar Versus Harveer Singh) under section 138 Ν.Ι. Act Police Station Kavi Nagar, District Ghaziabad, pending in the court of Civil Judge (J.D.)/F.T.C. Ghaziabad. 5. 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 :- 18.7.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad