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2025 DAILYLAW 132383 (ALL)

TAUHEED AHMAD SHAH v. STATE OF U.P. THRU. THE PRIN. SECY. HOME LKO. AND ANOTHER

A482/2976/2025 · 2025-04-07

Shree Prakash Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:19411 Court No. - 29 Case :- APPLICATION U/S 482 No. - 2976 of 2025 Applicant :- Tauheed Ahmad Shah Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home Lko. And Another Counsel for Applicant :- Irfan Alam Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicant and learned AGA for the State. Learned counsel for the applicant while concising his prayer submits that there are two proceedings, out of which one is a complaint under Section 138 of Negotiable Instruments Act as well as another is a complaint case with respect to the same offence is registered before the learned trial court and both are running separately. He prays that the learned trial court may be directed to conjoin the complaint cases. He also added that the non-bailable warrant has also been issued, though the applicant has already been enlarged on bail. Learned AGA appearing for the State has no objection to the contentions aforesaid. Considering the aforesaid submissions of the learned counsel for the parties and taking into consideration the innocuous prayer of learned counsel for the applicant that both the complaint cases may be clubbed and be heard jointly, he is permitted to move an appropriate application before the learned trial court within ten days from today and on filing of such application, the same shall be considered by the learned trial court within a further period of 30 days. It is also clarified that the matter is not being decided on merits. It is further provided that for period of 40 days, from today, the non-bailable warrant dated 3.9.2022 issued by the Civil Judge (J.D.)/Judicial Magistrate, Shravasti in Complaint Case No. 470/2017 shall remain in abeyance. With the aforesaid directions, the application is disposed of. Order Date :- 7.4.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench