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Neutral Citation No. - 2025:AHC:133683 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 28917 of 2025 Applicant :- Vineet Dixit Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shiv Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Sri Shiv Kumar Singh, 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 to quash the NBW dated 28.03.2023 passed by the Judicail Magistrate, Mauranipur, Jhansi in Complaint Case No.261 of 2016 (Hargovind Soni Vs. Vineet Dixit) under section 138 of Negotiable Instrument Act Police Station Mauranipur, District Jhansi, 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 21.8.2025 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 Complaint Case No.261 of 2016 (Hargovind Soni Vs. Vineet Dixit) under section 138 of Negotiable Instrument Act Police Station Mauranipur, District Jhansi.
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