Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 76730 (ALL)

JAY SINGH v. STATE OF U.P. AND ANOTHER

NA528/27096/2025 · 2025-08-12

Vikas Budhwar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:137587 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 27096 of 2025 Applicant :- Jay Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manoj Srivastava Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Sri Manoj Srivastava, learned counsel for the applicant on instructions received from his client submits that though the application u/s 528 BNSS has been preferred by the applicant for quashing the the summoning order dated 31.01.2022 passed by the Learned Additional Court No. 2 Agra including the entire proceeding of Complaint Case No. 469 of 2021 under Section 138 N. I Act, Police Station- Malpura newly Police Station- Kirawali, District-Agra, pending before learned Additional Court, Court No.2, District -Agra, however, he has made a statement at Bar that as per instructions received by him, the applicant would approach the court below for compounding of the offences under Section 147 of the N.I. Act and a direction be issued to the court below to decide the application in light of the judgment in the case of Damodar S. Prabhu Vs. Syed Babalal, (2010) 5 SCC 663 and till the said application is preferred, protection be accorded. 2. Learned A.G.A. has no objection to the same. 3. Considering the submissions so made across the Bar, the application is disposed of directing the applicant to file the proceedings for compounding under Section 147 of N.I. Act by 04.09.2025 and the court below is directed to decide the same with most expedition. 4. Till disposal of the proceedings, no coercive action shall be taken against the applicant with respect to the summoning order dated 31.01.2022 passed by the Learned Additional Court No. 2 Agra including the entire proceeding of Complaint Case No. 469 of 2021 under Section 138 N. I Act, Police Station- Malpura newly Police Station- Kirawali, District-Agra, pending before Learned Additional Court, Court No.2, District -Agra. 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 :- 13.8.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad