HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 35805 of 2025 Court No. - 75 HON'BLE VIKAS BUDHWAR, J. 1. Sri Manoj Kumar Maurya, 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 summoning order dated 20.09.2005 as well as entire proceedings of Complaint Case No. 105 of 2006, (State Vs. Sharif Ansari), under Section 135 of the Electricity Act, Police Station Bhatni, District Deoria, pending in the court of learned District and Session Judge, Court No.04, Deoria, however he confines his relief for moving an application for recalling of the non bailable warrants as according to him the order dated 20.9.2005 issuing a non bailable warrants could not have been passed particularly in view of the fact that at first instance bailable warrants have been issued without recording satisfaction that despite service of the bailable warrants the accused is avoiding the participation then non bailable warrants being given cases could have been issued. He seeks to rely upon the judgment of Hon. Apex Court in the case of Inder Mohan Goswami & another Vs. State of Uttaranchal and others 2008(1) SCC (CRI) 259. According to him even otherwise he had no knowledge about the factum of the pendency of the said and as soon as he has come to knowledge, he has preferred the present application. He further submits that the applicant shall file an application for recalling of the said order and till the said application is decided protection be accorded. 2. Learned AGA has no objection to the same. Versus Counsel for Applicant(s) : Manoj Kumar Maurya Counsel for Opposite Party(s) : G.A. Sharif Ansari .....Applicant(s) State Of U.P. And 2 Others .....Opposite Party(s) 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 26.9.2025 and on the said motion the court below shall decide the same strictly in accordance with law with most expedition. 4. Till the disposal of the recall application, no coercive action shall be taken against the applicant in the Complaint Case No. 105 of 2006, (State Vs. Sharif Ansari), under Section 135 of the Electricity Act, Police Station Bhatni, District Deoria, pending in the court of learned District and Session Judge, Court No.04, Deoria, during the 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. September 17, 2025 piyush NA528 No. 35805 of 2025 2 (Vikas Budhwar,J.) Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad