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2025 DAILYLAW 126181 (ALL)

AVANISH CHANDRA MISHRA v. STATE OF U.P. THRU. ITS SECY. HOME LKO. AND ANOTHER

A483/198/2025 · 2025-03-04

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:12863 Court No. - 16 Case :- APPLICATION U/S 483 No. - 198 of 2025 Applicant :- Avanish Chandra Mishra Opposite Party :- State Of U.P. Thru. Its Secy. Home Lko. And Another Counsel for Applicant :- Satyendra Nath Mishra,Abhinav Srivastava 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. Notice to respondent no.2 is dispensed with in view of the proposed order. The petitioner, through this petition, seeks a direction to learned Additional Civil Judge (Senior Division) Room No.19 Sultanpur to decide the Criminal Misc. Case No.1443 of 2015 under Section 138 N.I.Act, Police Station Kotwali Nagar, District Sultahpur within a stipulated period. Learned counsel for the petitioner submits that the case (supra) under Section 138 N.I. Act was filed in the year 2014. However, charges have not been framed yet, and the trial has not commenced. Perused the record. Considering the prolonged pendency of the trial and the fact that the proceedings are basically summary in nature, the petition is disposed of with a direction to learned trial court to make an endeavour to decide the case (supra) within six months, as per the provisions under Section 143 N.I.Act. Order Date :- 4.3.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench