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2025 DAILYLAW 122726 (ALL)

AJAY KUMAR MISHRA v. THE LEARNED COURT OF ADDL. CHIEF JUDICIAL MAGISTRATE COURT NO. 17 BARABANKI AND ANOTHER

A483/124/2025 · 2025-02-11

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:8751 Court No. - 16 Case :- APPLICATION U/S 483 No. - 124 of 2025 Applicant :- Ajay Kumar Mishra Opposite Party :- The Learned Court Of Addl. Chief Judicial Magistrate Court No. 17 Barabanki And Another Counsel for Applicant :- Abhijeet Mishra,Shiv Kumar Soni Hon'ble Karunesh Singh Pawar,J. In view of the proposed order being passed, notice to opposite party no.2 is dispensed with. Heard learned counsel for the petitioner and learned A.G.A. for the State-respondent. Through this petition, the petitioner has prayed for the following relief:- "For the facts, reasons and circumstances as stated in the accompanying affidavit and also to secure the ends of justice and to prevent the abuse of process of court, it is very humbly and graciously prayed that this Hon'ble Court may kindly be pleased to direct the Opposite Party No. 1 i.e. learned Court of Additional Chief Judicial Magistrate, Court No. 17, Barabanki to decide the Case No. 1979/2014 (Ajay Kumar Mishra versus Shiv Murti) arising out under section-138 N.I. Act, pertaining to Police Station-Haidergarh, District-Barabanki, wherein the aforesaid case filed by the Applicant/Petitioner is pending since 2014 before the Opposite Party No. 1, as expeditiously as stipulated by this Hon'ble Court, in the interest of justice." Learned counsel for the petitioner submits that complaint case under Section 138 NI Act was filed in the year 2014. He submits the proceedings under Section 138 NI Act are liable to be completed within a period of six months as provided under Section 143(3) of N.I. Act, however, till date the matter has not been concluded. Learned counsel for the petitioner prays that in the interest of justice, the proceedings may be expedited. On due consideration to the argument advanced as well as perusal of the record, the learned trial court is directed to make an endeavour to expedite the proceedings of aforesaid case and conclude the same within a period of six months from the date of production of certified copy of this order. With the aforesaid observation, the petition is disposed of. Order Date :- 11.2.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench