Neutral Citation No. - 2025:AHC:116447 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 25190 of 2025 Applicant :- Vijay Kumar Shukla Opposite Party :- State of U.P. and Another Counsel for Applicant :- Akhilesh Mishra,Himanshu Mishra,Sarvesh Chaturvedi Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Rajeev Malviya (AoR No.A/R1952/14) holding brief of Sri Sarvesh Chaturvedi, learned counsel for the applicant on instructions submits that though the present application under Section 528 of BNSS has been preferred by the applicant challenging the summoning order dated 01.11.2022 passed by Additional Judicial Magistrate, Court No.7, Allahabad as well as entire criminal proceeding of Complaint Case No.1873/2022 "Mohd. Siddiq vs. Vijay Kumar Shukla" Under Section 138 N.I. Act, Police Station Phoolpur, District Prayagraj, pending in the Court of Judicial Magistrate, Court No.4, Allahabad and also the Non Bailable Warrant order dated 04.04.2025 passed is aforesaid complaint case, however, he seeks to file recall application recalling the order of non-bailable warrant dated 04.04.2025. 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 summoning order dated 01.11.2022 passed by Additional Judicial Magistrate, Court No.7, Allahabad, Complaint Case No.1873/2022 "Mohd. Siddiq vs. Vijay Kumar Shukla" Under Section 138 N.I. Act, Police Station Phoolpur, District Prayagraj, pending in the Court of Judicial Magistrate, Court No.4, Allahabad and also the Non Bailable Warrant order dated 04.04.2025. 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