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2025 DAILYLAW 87398 (ALL)

SURESH PAL v. STATE OF U.P. AND ANOTHER

NA528/30949/2025 · 2025-08-21

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:144430 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 30949 of 2025 Applicant :- Suresh Pal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ageet Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Sri Ageet Kumar Singh, 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 07.03.2025 passed by Judicial Magistrate-I, Hapur in complaint case no. 743/2024 (Rajesh Gautam Vs. Suresh Pal) under Section 138 Act, Ν.Ι. police Station-Babugarh, District Hapur, pending in the Court of Judicial Magistrate-I, Hapur, 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 decided, protection be accorded. 2. 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 05.09.2025 and the court below is directed to decide the same with most expedition. 4. Till disposal of the proceedings, no coercive action shall be taken against the applicant with respect to the summoning order dated 07.03.2025 passed by Judicial Magistrate-I, Hapur in complaint Case No. 743/2024 (Rajesh Gautam Vs. Suresh Pal) under Section 138 Act, Ν.Ι., Police Station- Babugarh, District Hapur, pending in the Court of Judicial Magistrate-I, Hapur. 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 :- 22.8.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad