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2025 DAILYLAW 87462 (ALL)

PRAMOD MAURYA @ PRAMOD KUMAR MAURYA v. STATE OF U.P. AND ANOTHER

NA528/31072/2025 · 2025-08-21

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:144572 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 31072 of 2025 Applicant :- Pramod Maurya @ Pramod Kumar Maurya Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amit Kumar Shukla,Kuldeep Narayan Tiwari Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Amit Kumar Shukla learned counsel for the applicant and learned AGA for the State. 2. This is an application filed under Section 528 of the B.N.S.S. for quashing the N.B.W. order dated 02.07.2024 passed by Additional Chief Judicial Magistrate III Jaunpur in Case No. 163 of 2020 (Anand Kumar Maurya Vs. Pramod Maurya) under section 138 of N.I. Act, P.S.- Sarikhwaja, District- Jaunpur. 3. Learned counsel for the applicant has submitted that though the applicant post lodging of the complaint under Section 138 of the N.I. Act was bearing in the proceedings however, due to certain reasons beyond the control and the comprehension the applicant could not present himself in join the proceedings from 2.7.2024 the non bailable warrants were issued. He has further submitted that the breathing time be accorded. 4. Learned AGA has no objection to the same. 5. 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 5.9.2025 and on the said motion the court below shall decide the same strictly in accordance with law. 6. Till the recall application is decided, no coercive action shall be taken against the applicant in Case No. 163 of 2020 (Anand Kumar Maurya Vs. Pramod Maurya) under section 138 of N.I. Act, P.S.- Sarikhwaja, District- Jaunpur. 7. 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 :- 22.8.2025/piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad