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2025 DAILYLAW 77775 (ALL)

BRAHM DEV TIWARI v. STATE OF U.P. AND ANOTHER

NA528/26330/2025 · 2025-07-23

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:121513 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 26330 of 2025 Applicant :- Brahm Dev Tiwari Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anand Kumar Shukla,Lok Nath Shukla Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Sri Lok Nath Shukla, 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 order dated 26.09.2024, issued non bailable warrant by Judicial Magistrate, IInd, Allahabad in Complaint Case No. 1199 of 2012 (Ajay Kumar Pandey versus Brahm Dev Tiwari), under Section 138 of Negotiable Instrument Act, District-Allahabad against the applicant, pending in the Court of Judicial Magistrate, IInd, Allahabad, 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 5.8.2025 and on the said motion the court below shall decide the same strictly in accordance with law. 4. Till the recall application is decided, no coercive action shall be taken against the applicant in Complaint Case No. 1199 of 2012 (Ajay Kumar Pandey versus Brahm Dev Tiwari), under Section 138 of Negotiable Instrument Act, District-Allahabad against the applicant, pending in the Court of Judicial Magistrate, IInd, Allahabad. 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 :- 24.7.2025/piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad