Neutral Citation No. - 2025:AHC:133698 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 28804 of 2025 Applicant :- Akarmullah Khan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Adeel Ahmad Khan Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Adeel Ahmad Khan, learned counsel for the applicant as well as Sri Vikas Sharma, learned State Law Officer 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 entire proceeding of Complaint Case No. 2608 of 2022, Under Section 138 of the Negotiable Instrument Act, 1881, Police Station-Kotwali, District- Maharajganj, pending before Judicial Magistrate, Maharajganj, as well as summoning order dated 15.06.2023 and N.B.W. order dated 05.07.2025, 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 State Law Officer 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 Complaint Case No. 2608 of 2022, Under Section 138 of the Negotiable Instrument Act, 1881, Police Station-Kotwali, District-Maharajganj, pending before Judicial Magistrate, Maharajganj, as well as summoning order dated 15.06.2023 and N.B.W. order dated 05.07.2025. 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