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2025 DAILYLAW 14964 (ALL)

KAUSHAL KISHOR SRIVASTAVA v. STATE OF U.P. AND ANOTHER

A482/4098/2025 · 2025-04-30

Vikas Budhwar

body2025

Judgment text

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Court No. - 73 Case :- APPLICATION U/S 482 No. - 4098 of 2025 Applicant :- Kaushal Kishor Srivastava Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Kumar Singh,Sarita Singh Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Rajesh Kumar Chitragupt (AOR No.A/R 0355/2012), holding brief of Sri Ajay Kumar Singh, learned counsel for the applicant and Sri Indrajeet Singh Yadav, learned A.G.A. for the State. 2. Learned counsel for the applicant has submitted that though the application has been preferred to quash the summoning order dated 3.4.2024 in Complaint Case No.155 of 2022, (Ashok Kumar Singh vs. Kaushal Kishor Srivastava) pending in the court of learned Chief Judicial Magistrate, Jaunpur, under Section 143 of the N.I. Act, Police Station Kotwali, District Jaunpur, however, he confines his relief for compounding under Section 147 of the N.I. Act in view of the judgement in Damodar S Prabhu Vs Sayed Babalal reported in AIR 2010 SC 1907. 3. Learned A.G.A. has no objection to the same. 4. Considering the submissions so made across the Bar, the application is disposed of directing the applicant to file the proceedings for compounding under Section 147 of N.I. Act by 23.05.2025 and the same shall be decided with most expedition preferably within a period of 90 days in terms of the judgment passed in Damodar S Prabhu (supra). 5. Till application is decided, no coercive action shall be taken against the applicant of Complaint Case No.155 of 2022, (Ashok Kumar Singh vs. Kaushal Kishor Srivastava) pending in the court of learned Chief Judicial Magistrate, Jaunpur, under Section 143A of the N.I. Act, Police Station Kotwali, District Jaunpur. 6. The protection accorded to the applicant is only available subject to compliance of terms and conditions and timeline as provided herein and in case of default, the order shall stand vacated without reference to the Bench. Order Date :- 1.5.2025 piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad