Mahendra v. Rishipal Singh) under Section
Case Details
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 33787 of 2025 Rishipal Singh State of U.P. and Another Versus .....Applicant(s) .....Opposite Party(s) Counsel for Applicant(s) Counsel for Opposite Party(s) : Avanish Kumar Pandey : G.A. Court No. - 75 HON'BLE VIKAS BUDHWAR, J.
Legal Reasoning
1. Heard Sri Jitendra Kumar Mishra (AOR No.A/J 0175/12) holding brief of Sri Avanish Kumar Pandey, 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 Non-Bailable Warrant dated Non-Bailable Warrant dated 20.08.2025, in Complaint Case No. 525 of 2018 (New Number 908 of 2018) (Mahendra Vs. Rishipal Singh) under Section 138 N.I.Act, Police Station-Kotwali Nagar, District-Bulandshahr, pending in the Court of Learned Chief Judicial Magistrate, Bulandshahr. 3. The applicant herein had earlier approached this Court while filing Application U/S 528 BNSS No.26775 of 2025, Rishipal Singh Vs. State of U.P. and another in which on 28.7.2025 the following order was passed:- 1. Heard Sri Avanish Kumar Pandey, learned counsel for the applicant and Sri Vikas Sharma, learned State Law Officer. 2. This is an application under Section 528 of BNSS preferred by the applicant for quashing the Non-Bailable Warrant dated 16.01.2025, summoning order dated 22.01.2019 in Complaint Case No. 525 of 2018 (Mahendra Vs. Rishipal Singh) under Section 138 N.I. Act, Police Station- Kotwali Nagar, District- Bulandshahr, pending in the Court of learned Chief Judicial Magistrate, Bulandshahr by way of compromise. 3. The applicant herein had earlier approached this Court while filing an application under Section 528 of BNSS No.8735 of 2025, wherein the following orders were passed:- "1. Heard Sri Avanish Kumar Pandey, learned counsel for the applicant and Sri Indrajeet Singh Yadav, learned A.G.A. for the State. 2. This is an application under Section 528 BNSS preferred by the applicant for quashing the non-bailable warrant dated 16.01.2025, summoning order dated 22.01.2019 in Complaint Case No.525 of 2018 2 NA528 No. 33787 of 2025
Decision
(Mahendra Vs. Rishipal Singh) under Section 138 of N.I. Act, P.S. Kotwali Nagar, District Bulandshahr, pending in the Court of Chief Judicial Magistrate, Bulandshahr. 3. At the very outset, learned counsel for the applicant, as per the instructions submits that applicants shall be moving proceeding under Section 147 of N.I. Act for compounding of the offences. 4. Learned A.G.A. has no objection to the same. 5. Considering the submissions raised at the Bar and the statements so sought to be made by them, this Court does not find any good ground of interference in the present proceeding. The application stands disposed of while observing that in case appropriate proceeding under Section 147 N.I. Act for compounding of the offence is preferred before the court concerned, then the same shall be decided with most expedition strictly in accordance with the law of the land." 4. Learned counsel for the applicant has submitted that on 05.06.2025, the applicant has filed an application for compounding and there happens to be a compromise deed, which is at page-69 of the paper-book, however, now non-bailable warrants have been issued and an order came to be passed on 17.03.2025 for directing the S.H.O. concerned to effectuate non-bailable warrants. Learned counsel for the applicant submits that a breathing time be accorded, by which time the applicant shall prefer an application for recalling the order issuing non-bailable warrants and till then the applicant be accorded protection. 5. Learned State Law Officer has no objection to the same. 6. 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 06.08.2025. On the said application, the court below shall proceed further and also decide the compounding application, which the applicant has preferred. 7. Till the disposal of the recall application, no coercive action be taken against the applicant with respect to Non-Bailable Warrant dated 16.01.2025 as well as summoning order dated 22.01.2019 in Complaint Case No. 525 of 2018 (Mahendra Vs. Rishipal Singh) under Section 138 N.I. Act, Police Station- Kotwali Nagar, District- Bulandshahr, pending in the Court of learned Chief Judicial Magistrate, Bulandshahr. 8. 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. 4. Learned counsel for the applicant has invited the attention towards Annexure-2 at page 22 of the paper book being a recall application preferred by the applicant on 5.8.2025. 5. Learned counsel for the applicant submits that on 20.8.2025 the court of Additional Civil Judge (Senior Division)/ Additional Chief Judicial Magistrate, Court No.3 Bulandshahr again issued non bailable warrants 3 NA528 No. 33787 of 2025 plus instructions to the S.S.P. 6. Learned counsel for the applicant has also invited attention of the Court towards para-6 of the application so as to contend that on 5.8.2025 a recall application for recalling of the non bailable warrants have been preferred, however the court has overlooked the said aspect and issued non bailable warrant without deciding the recall application. 7. Learned AGA submits that it is for the applicant to press the recall application while pointing it out before the court below. 8. Considering the submissions so made across the bar and stand taken by the applicant, the application stands disposed of requiring the applicant to file a a self-attested copy of the present application certified copy of the order passed today by 10.9.2025 pointing out before the court that already recall application had been preferred on 5.8.2025 and in case the Court finds that already recall application has been preferred on 5.8.2025 then proceed to decide the same. 9. Till 19.9.2025, no coercive action shall be taken against the applicant in Complaint Case No. 525 of 2018 (New Number 908 of 2018) (Mahendra Vs. Rishipal Singh) under Section 138 N.I.Act, Police Station-Kotwali Nagar, District-Bulandshahr, pending in the Court of Learned Chief Judicial Magistrate, Bulandshahr. 10. 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 4, 2025 piyush (Vikas Budhwar,J.) Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad