Neutral Citation No. - 2025:AHC:133472 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 28757 of 2025 Applicant :- Satendra Kumar Tyagi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Akash Tyagi,Neha Tyagi Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Gaurav (AoR No. A/P 0595/25), holding brief of Sri Akash Tyagi as well as Sri Moti Lal, learned A.G.A. for the State. 2. Learned counsel for the applicant as per the instructions submits though the present application under Section 528 BNSS has been preferred by the applicant for quashing the Non- Bailable Warrant dated 13.06.2025 as well as entire proceeding of the complaint case no. 329 of 2024, (A.R.B Health Care VS. SatanderTyagi) under Sections 138 N.I. Act P.S. Kavinagar District Ghaziabaad, which is pending before learned court of Additional Civil (JunoirDevision)/F.T.C Judge Majistrate, Ghaziabad, however, he confines his relief for filing a recall application for recalling of the non-bailable warrant on the premise that due to certain reasons beyond the control and comprehension, the applicant could not participate and join the proceedings and till then the applicant be accorded protection. 3. Learned A.G.A. has no objection to the same. 4. Considering the over all facts situation as well as the stand taken by the applicant, the application stands disposed of directing the applicant to submit recall application seeking recall of non- bailable warrant before the court below by 24.08.2025. 5. Till the disposal of the recall application, no coercive action be taken against the applicant with respect to Non- Bailable Warrant dated 13.06.2025 as well as entire proceeding of the complaint case no. 329 of 2024, (A.R.B Health Care VS. SatanderTyagi) under Sections 138 N.I. Act P.S. Kavinagar District Ghaziabaad, which is pending before learned court of Additional Civil (JunoirDevision)/F.T.C Judge Majistrate, Ghaziabad. 6. 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 :- 7.8.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad