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2025 DAILYLAW 81003 (ALL)

MOHD. IMRAN v. STATE OF U.P. AND ANOTHER

NA528/28404/2025 · 2025-08-12

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:137737 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 28404 of 2025 Applicant :- Mohd. Imran Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjeev Kumar Sharma Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Sri Sanjeev Kumar Sharma, learned counsel for the applicant as per the instructions so received from his client submits that though the present application u/s 528 BNSS has been preferred by the applicant for quashing the entire proceeding of complaint case no. 1674 of 2018 "Nawab V/s Mohd. Imran" under Section 138 N. I. Act, Police Station Marhara, District -Etah,, however, he confines his relief for taking appropriate proceedings for compounding in terms of 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 to him. 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 4.09.2025 and the court below shall decide the same with most expedition. 4. Till the disposal of aforesaid proceeding, no coercive action shall be taken against the applicant with respect to the proceeding of complaint case no. 1674 of 2018 "Nawab V/s Mohd. Imran" under Section 138 N. I. Act, Police 06-Station Marhara, District -Etah and summoning order dated 6-04-2021 which is pending before the learned Chief Judicial Magistrate, Etah. 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/piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad