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2025 DAILYLAW 87165 (ALL)

NARENDRA SINGH SOLANKI v. STATE OF U.P. AND ANOTHER

NA528/30351/2025 · 2025-08-19

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:141828 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 30351 of 2025 Applicant :- Narendra Singh Solanki Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rama Kant Yadav,Sant Ram Nigam,Vivek Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Vivek Kumar Yadav, learned counsel for the applicant as well as Sri K.K. Vishwakarma, learned A.G.A. for the State. 2. This is an application under Section 528 BNSS preferred by the applicant for quashing the entire criminal proceeding of N.B.W. order dated 14-11-2024 in Complaint Case No.1093 of 2022 (Kishan Pal Singh Vs. Narendra Singh Solanki) pending in the court of Judicial Magistrate/Civil Judge (J.D.) Jalesar, Etah, under Section 138 of Negotiable Instrument Act. 3. Learned counsel for the applicant has submitted that though the applicant had obtained bail, he is contesting the trial, but due to certain reasons beyond the control and comprehension of the applicant, N.B.W. came to be issued on 14.11.2024. He submits that the breathing time be accorded to the applicant to submit a recall application for recalling of the non-bailable warrant and till the disposal of the recall application, the applicant be accorded protection. 4. Learned A.G.A. has no objection to the same. 5. 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 29.08.2025, and on the said motion, the trial court shall consider and decide the recall application. 6. Till the disposal of the recall application, no coercive action be taken against the applicant with respect to N.B.W. order dated 14- 11-2024 in Complaint Case No.1093 of 2022 (Kishan Pal Singh Vs. Narendra Singh Solanki) pending in the court of Judicial Magistrate/Civil Judge (J.D.) Jalesar, Etah, under Section 138 of Negotiable Instrument Act. 7. 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 :- 20.8.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad