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2025 DAILYLAW 83405 (ALL)

SMT. KUSUM SINGH v. STATE OF U.P. AND ANOTHER

NA528/28876/2025 · 2025-08-06

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:133557 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 28876 of 2025 Applicant :- Smt. Kusum Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Manisha Singh,Pankaj Kumar Mishra,Trayambak Mishra Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. 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 for quahing Non-Bailable Warrant order dated 01.07.2025 passed by Learned Additional Court, District Aligarh in Case No.120 of 2023 (Smt. Seema Rani Vs. Smt. Kusum Singh), under section 138 N.I. Act, District Aligarh, pending before the Court of Learned Additional Court, District Aligarh, however, he confines his relief for filing a recall application for recalling of the orders directing non-bailable warrants. He submits that due to certain reasons beyond control and comprehension of the applicant, the applicant could not appear, non-bailable warrants were issued. Prayer so confined is that till the recall application seeking recall of the non-bailable warrants is decided, no coercive action be taken. 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 22.8.2025 and on the said motion the court below shall decide the same strictly in accordance with most expedition. 4. Till the application is decided, no coercive action shall be taken against the applicant in respect of Non-Bailable Warrant order passed by Learned Additional Court, District Aligarh in Case No.120 of 2023 (Smt. Seema Rani Vs. Smt. Kusum Singh), under section 138 N.I. Act, District Aligarh, pending before the Court of Learned Additional Court, District Aligarh. 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 :- 7.8.2025 piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad