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Neutral Citation No. - 2025:AHC:63364 Court No. - 73 Case :- APPLICATION U/S 482 No. - 43500 of 2024 Applicant :- Hari Mohan Saraswat Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pankaj Barman Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Heard Sri Pankaj Barman, learned counsel for the applicant and Sri Vikas Sharma, learned State Law Officer for the State.
2. This is an application under Section 482 of CrPC preferred by the applicant for quashing the summoning order dated 3.11.2016 passed by the Judicial Magistrate, Konch, Jalaun as well as the entire criminal proceeding of Complaint Case No. 883 of 2016 (Balram Singh versus Hari Mohan Saraswat) under section 138 of N.I. Act P.S. Kotwali Konch, District Jalaun pending in the Court of Judicial Magistrate, Konch, Jalaun along with Non Bailable Warrants issued against the applicant firstly dated 29-5-2018 and also consequent proceedings under section 82/83 Cr.P.C. in the aforesaid case.
3. Learned counsel for the applicant has submitted that the complaint itself is defective for more than one reason, particularly when the address of the applicant, who had been marked as an accused has been incorrectly mentioned and further there happens to be no date of service of the notice.
4. Learned A.G.A. on the other hand submits that the summoning
order is dated 03.11.2016 and as per the applicant, non-bailable warrant has been issued on 29.05.2018 and proceedings under Section 82/83 has also been conducted.
5. Looking into the facts and circumstances of the case, no case for interference is made out, since the applicant has approached this Court after a period of eight years.
6. Accordingly, the application stands disposed of granting liberty to the applicant to prefer application for enlargement on bail and in case, such an application is preferred before the court below, same shall be decided strictly in accordance with the law in light of the
judgment in the case of Satender Kumar Antil Vs. Central Bureau of Investigation, (2022) 10 SCC 51.
Order Date :- 25.4.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad