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2025 DAILYLAW 114329 (ALL)

RAJ KAPOOR YADAV v. STATE OF U.P. THRU. THE PRIN. SECY. HOME LKO. AND ANOTHER

/10/2025 · 2025-01-09

Karunesh Singh Pawar

body2025

Judgment text

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Court No. - 16 Case :- APPLICATION U/S 483 No. - 10 of 2025 Applicant :- Raj Kapoor Yadav Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home Lko. And Another Counsel for Applicant :- Kuldeep Singh Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the petitioner and learned A.G.A. for the State. Through this petition, the petitioner has prayed for the following relief:- Wherefore, it is most respectfully prayed that this Hon'ble court may kindly be pleased to direct the learned court below i.e. Additional court no. 10 Lucknow to decide the complaint case no. 4480/2021 Raj Kapoor Yadav Vs. Tripurari, under section 138 N.I. Act P.S. Indira Nagar District Lucknow, in the interest of justice expeditiously within the stipulated time, within six months as provided in section 143 (3) of N.I. Act, by this Hon'ble court in the interest of justice. Learned counsel for the petitioner submits that the complaint has been filed under Section 138 of N.I. Act on 29.01.2021 before the learned Court below in accordance with law. Respondent no. 2 is avoiding his appearance in the aforesaid case before the learned court below and is adopting delaying tactics on one pretext or the other. The order sheet is on record as Annexure No. 3. Perused the record as well as order sheet which is on record as Annexure No. 3. Perusal of the order sheet shows that since 11.01.2023 bailable warrants are issued to respondent no. 2, however, the complaint has not been decided till date. In view of the above, the petition is disposed of with a direction to the learned court below to expedite the proceedings in view of provisions of 143(3) of N.I. Act. Order Date :- 9.1.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench