ANIL KUMAR MISHRA v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO AND ANOTHER
CRLP/759/2025 · 2025-01-28
Subhash Chandra Sharma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 119150 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 119150 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:5427 Court No. - 14 Case :- CRIMINAL MISC. WRIT PETITION No. - 759 of 2025 Petitioner :- Anil Kumar Mishra Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And Another Counsel for Petitioner :- Narendra Pratap Mishra Counsel for Respondent :- G.A. Hon'ble Subhash Chandra Sharma,J. Heard learned counsel for the petitioner as well as learned A.G.A. for the State and perused the record. The present writ petition has been filed with prayer to issue a writ, order or direction in the nature of certiorari quashing the
order dated 21.10.2024 passed by Additional Session Judge, Room No.01, District Sultanpur in Criminal Revision No.91/2023 (Anil Kumar Mishra vs. Archana Tiwari) and order dated 16.01.2023 passed by Upper Civil Judge (S.D.)-I /Upper Chief Judicial Magistrate, Sultanpur in Complaint Case No.2806 of 2021, under Section 138 N.I. Act (Archana vs. Anil Kumar) Police Station Munshiganj, District Amethi. It is submitted by learned counsel for the petitioner that in this case a cheque was given to the opposite party which was subjected to dishonor as a result complaint u/s 138 N.I. Act was filed before the learned court in which summoning order was passed illegally which was challenged before the revisional court but it was also dismissed by order dated 21.10.2024 without considering the facts of the case. Therefore, requests to set aside the order passed by learned court concerned as well as learned revisional court. Learned A.G.A. opposed the prayer as aforesaid. Considering the facts and circumstances of the case,
submissions made by learned counsel for the petitioner and learned A.G.A., perusal of record, the order passed by learned court concerned as well as revisional court, there appears no any error of fact or law and impropriety in the order but this petition being devoid of merit is liable to dismissed. Accordingly, this writ petition is dismissed.
As per submission made by learned counsel for the petitioner, it is directed that in case, the petitioner appears and moves bail application before the learned court concerned within a period of 30 days from today, it will be heard and decided expeditiously as far as possible in the light of case decided by Hon'ble the Supreme Court in Satender Kumar Antil Vs. Central Bureau of Investigation and another LL 2022 SC 577 decided on 11.07.2022. Till the period of 30 days, no coercive measure shall be taken against the petitioner.
Order Date :- 28.1.2025 Ashok Gupta Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench