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2025 DAILYLAW 146104 (ALL)

HARPREET v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/4977/2025 · 2025-06-12

Rajeev Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:35485 Court No. - 11 Case :- APPLICATION U/S 482 No. - 4977 of 2025 Applicant :- Harpreet Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Jayveer Rajput,Vishwajeet Mishra Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The present application is filed with the prayer to quash the entire proceeding of Complaint Case No.20143 of 2022, Preeti Pandey Vs. Harpreet Singh, under Section 138 of N.I. Act, Police Station - Aliganj, District - Lucknow, pending in the Court of learned Presiding Officer, Additional Court No.05, Lucknow. 3. Learned counsel for the applicant submits that complaint in question was filed under Section 138 of N.I. Act. He further submits that applicant was continuously appearing before the court below but due to illness, he could not appear before the court below on 30.11.2024 and exemption application was also not moved properly, as a result, N.B.W. was issued. He further submits that applicant is ready to cooperate in the trial, therefore, impugned order dated 30.11.2024 and its consequential orders may be set aside. 4. Learned A.G.A. opposes the prayer of the applicant but he does not dispute this fact that applicant is cooperating in the trial. 5. Considering the submissions of learned counsel for the parties, going through the contents of the application as well as other relevant documents, it is evident that due to illness, applicant could not appear before the court below and he is ready to cooperate in the trial, therefore, order dated 30.11.2024 and its consequential orders are hereby set aside. The applicant is directed to appear before the court below on the next date and the Court below is also directed to conclude the proceedings expeditiously, without giving any unnecessary adjournment to either of the parties. 6. In view of the discussions made hereinabove, application stands allowed. Order Date :- 12.6.2025 GauraV/- Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench