HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 37890 of 2025 Court No. - 75 HON'BLE VIKAS BUDHWAR, J. 1. Learned counsel for the applicant as per the instructions submits though the present application under Section 528 BNSS has been preferred by the applicant for quashing the summoning dated order 21.09.2016 well as proceeding initiated under section 82 Cr.P.C. dated 05.04.2023 passed by Additional Chief Judicial Magistrate, Ghaziabad, in Complaint Case No. 3196 of 2015 (Smt. Farheen Vs Babbu anothers) under Sections 498-A IPC read with Section 3/4 of D.P. Act, Police Station- Shahibabad, District Ghaziabad, however, he confines his relief for filing a recall application for recalling of the non-bailable warrant on the premise that due to certain reasons, which were beyond his control and comprehension, the applicant could not participate and join the proceedings, as such non-bailable warrants came to be issued. Learned counsel for the applicant further submits that he shall be filing recall application before the court below and till the disposal of the recall application, applicant be accorded protection. 2. Learned A.G.A. has no objection to the same. 3. 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 17.10.2025. 4. Till the disposal of the recall application, no coercive action be taken against the applicant with respect to summoning dated order 21.09.2016 well as proceeding initiated under section 82 Cr.P.C. dated 05.04.2023 passed by Additional Chief Judicial Magistrate, Ghaziabad, in Complaint Case No. Versus Counsel for Applicant(s) : Mohd. Arshad, Sunil Kumar Counsel for Opposite Party(s) : G.A. Babbu Alias Babbu Khan And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 3196 of 2015 (Smt. Farheen Vs Babbu anothers) under Sections 498-A IPC read with Section 3/4 of D.P. Act, Police Station- Shahibabad, District Ghaziabad. 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. September 26, 2025 N.S.Rathour NA528 No. 37890 of 2025 2 (Vikas Budhwar,J.) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad