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Neutral Citation No. - 2025:AHC:115641 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 25012 of 2025 Applicant :- Ram Bahadur Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arvind Singh,Jai Prakash Yadav Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Sri Jai Prakash Yadav, learned counsel for the applicant submits that though the present application under Section 528 of the B.N.S.S. has been filed by the applicant to quash the Summoning Order dated 14.08.2019 passed in Complaint Case No. 495 of 2019 Sashi Kant Versus Ram Bahadur) Under Section 138 N.I. Act Police Station Kotwali, District Jaunpur, as well as N.B.W. [Non Bailable Warrant] dated 01.07.2025 passed by Learned Judicial Magistrate Ist Jaunpur, pending in the Court of Learned Judicial Magistrate Ist Jaunpur, however non bailable warrants and proceedings under Section 82 of the Cr.P. C. have already been initiated. He further submits that the applicant shall file an application for recalling of the said order and till the said application is decided protection be accorded.
2. Learned AGA has no objection to the same.
3. Considering the submissions so made across the bar, the application stand disposed of directing the applicant to submit an appropriate application for recalling of non-bailable warrants by 31.7.2025 and on the said motion the court below shall decide the same strictly in accordance with most expedition.
4. Till the recall application is decided, no coercive action shall be taken against the applicant in Complaint Case No. 495 of 2019 Sashi Kant Versus Ram Bahadur) Under Section 138 N.I. Act Police Station Kotwali, District Jaunpur, as well as N.B.W. [Non Bailable Warrant] dated 1.07.2025 passed by Learned Judicial Magistrate Ist Jaunpur, pending in the Court of Learned Judicial Magistrate Ist Jaunpur
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 :- 17.7.2025 piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad