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2025 DAILYLAW 84842 (ALL)

RAM NARESH KESHRI ALIAS RAM NARESH PRASAD v. STATE OF U.P. AND ANOTHER

NA528/29335/2025 · 2025-08-11

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:136172 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 29335 of 2025 Applicant :- Ram Naresh Keshri Alias Ram Naresh Prasad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajad Singh,Shad Khan Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Sri Shad Khan, learned counsel for the applicant on instructions received from his client submits that though the application u/s 528 BNSS has been preferred by the applicant for quashing the summoning order dated 20.10.2022 passed by the Learned Civil Judge (J.D.)/ Judicial Magistrate, Chakia, District Chandauli & entire proceeding in Case No. 263 of 2020 (Kripa Shankar Jaiswal Vs. Ram Naresh Keshri), under Section 138 N.I. Act. P.S. Chakkar Ghata, District Chandauli, however, he has made a statement at Bar that as per instructions received by him, the applicant would approach the court below for compounding of the offences under 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. 2. Sri Abhishek Tripathi, 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 04.09.2025 and the court below is directed to decide the same with most expedition. 4. Till disposal of the said proceeding, no coercive action shall be taken against the applicant with respect to the summoning order dated 20.10.2022 passed by the Learned Civil Judge (J.D.)/ Judicial Magistrate, Chakia, District Chandauli & Case No. 263 of 2020 (Kripa Shankar Jaiswal Vs. Ram Naresh Keshri), under Section 138 N.I. Act. P.S. Chakkar Ghata, District Chandauli. 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 :- 12.8.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad