SATYA PRAKASH MISHRA v. STATE OF U.P. THRU. PRIN. SECY. HOME GOVT. OF U.P. LKO. AND ANOTHER
A482/2081/2025 · 2025-03-06
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 127117 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 127117 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:13906 Court No. - 16 Case :- APPLICATION U/S 482 No. - 2081 of 2025 Applicant :- Satya Prakash Mishra Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Govt. Of U.P. Lko. And Another Counsel for Applicant :- Shailender Singh,Ankit Tiwari,Neelam Singh Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant and learned A.G.A. for respondent State. Notice to respondent no.2 is dispensed with in view of the proposed order. Under challenge is the impugned orders dated 17.2.2025 and 27.1.2025 by which non-bailable warrants have been issued against the accused-petitioner as well as notices have been issued to the sureties under Section 446 Cr.P.C. Perused the record. Perusal of the record shows that a complaint appears to have been filed by respondent no.2 against the petitioner on the ground that earlier the parties entered into the agreement to sell on 15.10.2016, a copy of the agreement to sell has been filed with the complaint. The petitioner agreed to sale plot no.102 Ist floor Shekhpur Kasaila, Narayan Nagar, Ward Gomti Nagar, Lucknow to the complainant for total sale consideration of Rs. 38,00,000/-. The amount has been received by the petitioner from the opposite party no.2. The receipt is also annexed with the complaint. After receiving the amount the opposite parties failed to sale the plot to the complainant and
gave a cheque of Rs.30,00,000/- on 6.5.2023 to her, which was dishonored for insufficiency of fund, thus, the complaint appears to have been filed under Section 138 N.I.Act. Perusal of the record further shows that against the impugned summoning order it appears that the petition U/S 482 No.7638 of 2024 Satya Prakash Mishra vs State U.P. was filed, which was
disposed of in view of the case of Satendra Antil vs. CBI and others and liberty was granted to the applicant to move discharge application and also apply for bail. It appears that the application for discharge, in compliance of the order passed by this court, was filed, which has been rejected vide order dated
4.12.2024. It appears that the same has not been challenged by the applicant. The applicant has not cooperated in the trial and thus non-bailable warrant has been issued against him and notice to sureties have also been issued under Section 446 Cr.P.C. Considering the above, I find no illegality in the order impugned. The petition lacks merit and is accordingly dismissed.
Order Date :- 6.3.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench