MUKESH KUMAR TIWARI v. STATE OF U.P. THRU. ITS ADDL. CHIEF SECY. HOME DEPTT. U.P. LKO. AND ANOTHER
A483/495/2025 · 2025-06-19
Rajeev Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 145704 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 145704 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:35828 Court No. - 11 Case :- APPLICATION U/S 483 No. - 495 of 2025 Applicant :- Mukesh Kumar Tiwari Opposite Party :- State Of U.P. Thru. Its Addl. Chief Secy. Home Deptt. U.P. Lko. And Another Counsel for Applicant :- Pravin Kumar Verma,Vipin Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.
1. Heard learned counsel for the applicant as well as learned A.G.A. and perused the material on record.
2. The present application has been filed by the applicant to issue an order or direction to learned Judicial Magistrate-III, Lucknow to consider and conclude the Criminal Case No.8380/2022 "State Vs. Ashok Kumar Sharma", arising out of Case Crime No.0009/2022, under Sections 504, 506, 420, 406 I.P.C., Police Station - Alambagh, District- Lucknow.
3. Learned counsel for the applicant submits that a cheque, which was given to the applicant, was dishonored and thereafter a petition under Section 138 of N.I. Act was filed and in the said case proceeding is going on. At the same time, the applicant lodged an FIR which was registered as Crime No.0009, under Sections 504, 506, 420, 406 I.P.C., Police Station - Alambagh, District- Lucknow in which cognizance was taken by the learned court below and the case was registered as Criminal Case No.8380 of 2022, "State Vs. Ashok Kumar Sharma" and the proceeding in the said case is not going on. Therefore, learned Magistrate be directed to expedite the trial of the case in question.
4. Learned A.G.A. has no objection to the innocuous prayer of the applicant.
5. Considering the submissions advanced by learned counsel for the parties and going through the contents of the F.I.R. as well as other relevant documents, as also considering the fact that charge sheet has already been filed but the proceeding of the case is pending since the year 2022, learned court below is directed to conclude the proceedings expeditiously in accordance with law.
6. In view of the above, the application stands disposed of. Order Date :- 19.6.2025 Anand/- Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench