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2025 DAILYLAW 125721 (ALL)

GIRIJA SHANKAR PATHAK v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 2 OTHERS

A483/193/2025 · 2025-03-05

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:13465 Court No. - 16 Case :- APPLICATION U/S 483 No. - 193 of 2025 Applicant :- Girija Shankar Pathak Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 2 Others Counsel for Applicant :- Prateek Mishra,Deepti Gupta 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-respondent. In view of the proposed order being passed, notice to opposite party no.3 is dispensed with. Through this petition, the petitioner has prayed for the following relief:- "1. Issue an order or direction commanding the opposite party no. 2 to expedite and dispose of the complaint case no. 8966/2017 Girija Shankar Pathak vs Reetesh Kumar Srivastava, Thana PGI District Lucknow u/s 138 of the Negotiable Instruments Act, 1881 pending before the Learned Court of the Additional Chief Judicial Magistrate, Court No. 10, Lucknow." Learned counsel for the petitioner submits that complaint case under Section 138 NI Act was filed in the year 2017. 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 trial has not been commenced. 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 :- 5.3.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench