Neutral Citation No. - 2025:AHC:127964 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 27604 of 2025 Applicant :- Shri Anil Kumar Mishra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Lokesh Kumar Dwivedi,Rajneesh Tiwari Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Lokesh Kumar Dwivedi, learned counsel for the applicant and Sri Pankaj Kumar Rai, learned State Law Officer for the State. 2. This is an application under Section 528 of BNSS preferred by the applicant for quashing the summoning order dated 31.07.2019 passed by the Additional District Judge, Court No. 7, Allahabad in Special ST No. 3347 of 2019, State vs Anil Kumar Mishra, under section 18/27 and 18A/28 Drugs. & Cosmetic Act 1940, Police Station Daraganj, District Allahabad and all consequential proceedings. 3. Learned counsel for the applicant has submitted that post- lodging of a complaint under Section 18/25 read with Section 18A/28 of Drugs & Cosmetic Act, 1940, by O.P. No.2 on 30.07.2019, the applicant came to be summoned on 31.07.2019 by the Court of Addl. District Judge, Court No.7, Allahabad. Learned counsel for the applicant submits that though on merits, no offences are made out even otherwise and further the summoning order is cryptic, non-speaking and unreasoned and it even does not recite the case of the complainant. He seeks to rely upon the judgment in the case of M/s J.M. Laboratories v. State of Andhra Pradesh: 2025 INSC 127 and further non-bailable warrants during the Corona Period on 18.10.2021 came to be issued. However, according to the applicant, the applicant would be filing of a recall application for recalling of the Non-Bailable Warrants and till the same is decided, protection be accorded. 4. Learned State Law Officer has no objection to the same. 5. I have heard the submissions so made across the Bar and perused the records carefully. 6. 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 prefer an appropriate proceeding in the form of recall application before the court below by 14.08.2025, and this Court has no reason to disbelieve the the same shall be decided with most expedition strictly in accordance with the law of the land. 7. Till the recall application is decided, no coercive action shall be taken against the applicants with respect to summoning order dated 31.07.2019 passed by the Additional District Judge, Court No. 7, Allahabad in Special ST No. 3347 of 2019, State vs Anil Kumar Mishra, under section 18/27 and 18A/28 Drugs. & Cosmetic Act 1940, Police Station Daraganj, District Allahabad. 8. 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 :- 31.7.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad