RADHEY SHYAM AGARWAL v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
A483/274/2025 · 2025-04-03
Alok Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 130939 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 130939 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Court No. - 12 Case :- APPLICATION U/S 483 No. - 274 of 2025 Applicant :- Radhey Shyam Agarwal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Shailendra Singh Counsel for Opposite Party :- G.A. Hon'ble Alok Mathur,J.
1. Heard Sri Shailendra Singh, learned counsel for applicant as well as learned A.G.A. for the State.
2. The applicant has sought a direction to the Additional Chief Judicial Magistrate, Court No. 11, Lucknow to decide the Complaint Case No. 1171/2018 instituted on 06.02.2018, under Section 138 of Negotiable Instruments Act, Police Station - Mahanagar, District Lucknow expeditiously.
3. It has been submitted that the statement of the complainant was recorded on 06.08.2022 and despite repeated date fixed in the said application, the said witness has not been cross- examined by the respondents and the matter is being routinely listed and adjournment without transacting any business. He submits that prayer for adjournment is made by the respondents which is accepted by the Court due to which the proceeding are remained pending.
4. I have heard learned counsel for the parties and perused the record from which it is noticed that examination in chief of the complainant was given on affidavit on 06.08.2022 and the matter is being listed for cross examination of the said witness. The said fact is also evident from the perusal of the order dated 03.06.2023 while despite repeated opportunities have been granted to the respondents but they have not cross examined the said witness
5. In light of the above, no interference is made out, the application under Section 482 Cr.P.C. is disposed of with a direction to trial court to expedite the proceedings of Complaint Case No. 1171/2018 with expedition without granting any unnecessary adjournment. (Alok Mathur, J.) Order Date :- 3.4.2025/Ravi/ Digitally signed by :- RAVI SHANKAR SRIVASTAV High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RAVI SHANKAR SRIVASTAV High Court of Judicature at Allahabad, Lucknow Bench