GURU DHANESH KUMAR @ VIJAY SAXENA v. State of UP AND ANOTHER
A482/38548/2024 · 2025-01-06
Arun Kumar Singh Deshwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 105424 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 105424 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:3121 Court No. - 77 Case :- APPLICATION U/S 482 No. - 38548 of 2024 Applicant :- Guru Dhanesh Kumar @ Vijay Saxena Opposite Party :- State of U.P. and Another Counsel for Applicant :- Hemant Sharma,Sani Kumar,Saurabh Kumar Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Shri Hemant Sharma, learned counsel for the applicant and Ms. Harshita Rani, learned A.G.A. for State.
2. The present 482 Cr.P.C. application has been filed for quashing the summoning order dated 23.05.2018 in Complaint Case No.630 of 2018 (Sheikh Azeem Vs. Guru Dhanesh Kumar), under Section 138 N.I. Act, passed by learned Judicial Magistrate, Rath Hamirpur.
3. As per order dated 29.11.2024, this Court had directed to Superintendent of Police, Hamirpur to file his personal affidavit mentioning the reason, why the process of Court has not been executed against the accused- applicant. In pursuance of that order, Superintendent of Police, Hamirpur has filed his personal affidavit on 12.12.2024 mentioning therein that the court below has issued letters to Senior Superintendent of Police, Jhansi not to the S.P., Hamirpur as the accused has been residing at Jhansi. It is further mentioned in the affidavit that now the accused has appeared before the court below and obtained the bail.
4. Learned counsel for the applicant has submitted that applicant has appeared before the court below and process of mediation has been going on between the parties before the court below,
therefore, he does not want to press this petition and wants to participate in mediation during trial.
5. In view of the above, this application is dismissed as withdrawn with the aforesaid liberty. Order Date :- 7.1.2025 Sharad/- Digitally signed by :- SHARAD KUMAR SRIVASTAVA High Court of Judicature at Allahabad