WISHTEQ TEQNOCRATS PVT. LTD. THRU. ITS DIRECTOR ARVIND KUMAR OJHA AND ANOTHER v. STATE OF U.P. THRU. ITS PRIN. SECY. HOME LKO. AND ANOTHER
A482/2392/2025 · 2025-03-12
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 128136 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 128136 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:15230 Court No. - 16 Case :- APPLICATION U/S 482 No. - 2392 of 2025 Applicant :- Wishteq Teqnocrats Pvt. Ltd. Thru. Its Director Arvind Kumar Ojha And Another Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home Lko. And Another Counsel for Applicant :- Akash Mishra Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicants and learned A.G.A. for respondent State. Notices to respondent no.2 is dispensed with in view of the proposed order. Through this application the applicant has prayed for the following main relief:-
"i) Issue an order or direction for quashing of the impugned revisional
order dated 19.11.2024 passed by the Learned Court of Additional District Judge Court No. 17, Lucknow (Revisional Court) in Criminal Revision Petition No. 466 of 2024 (Wishteq Teqnocrats Pvt. Ltd and another Versus State of U.P. and another), whereby the learned Revisional Court had rejected the interim stay application of the Applicants, as contained herein as Annexure No. 1. ii) Stay the effect, operation and implementation of the summoning
order passed by the Court of Learned Presiding Officer, Additional Court No. 6, Lucknow, dated 13.06.2024 (Annexure No.4) and further stay the proceedings of Criminal Complaint Case No. 121488 of 2023 (Aditya Mishra Versus Wishteq Teqnocrats Pvt. Ltd. and others), under section 138 of Negotiable Instruments Act, 1881, Police Station Hussain Ganj, District-Lucknow, during the pendency of the Criminal Revision No. 466 of 2024 (Wishteq Teqnocrats Pvt. Ltd and another Versus State of U.P. and another) pending before the Revisional Court, otherwise the Applicant would suffer an irreparable loss and injury; iii) Stay the effect, operation and implementation of the summoning
order passed by the Court of Learned Presiding Officer, Additional Court No. 6, Lucknow, dated 13.06.2024 (Annexure No.4) and further stay the proceedings of Criminal Complaint Case No. 121488 of 2023 (Aditya Mishra Versus Wishteq Teqnocrats Pvt. Ltd. and others), under section 138 of Negotiable Instruments Act, 1881, Police Station Hussain Ganj, District Lucknow, during pendency of the present application, otherwise the applicant would suffer an irreparable loss
and injury; iv)....." Perused the record. Perusal of the record shows that the interim relief application filed by the applicants before the revisional court appears to have been rejected on the ground that the application for interim relief was not supported by an Affidavit. Admittedly, the revision before the sessions court is pending disposal. In view of the above, the application is disposed of with the consent of the parties with liberty to the applicants to file a fresh application for interim relief before the learned court below within a period of seven days from today and if the same is moved within the stipulated period along with the affidavit the same shall be decided expeditiously by the learned court below within a further period of fifteen days from the date of receipt of a certified copy of this order.
Order Date :- 12.3.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench