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2025 DAILYLAW 152977 (ALL)

DURGA PRASAD YADAV v. STATE OF U.P. THRU. ITS PRIN. SECY. HOME LKO. AND AOTHER

A483/566/2025 · 2025-07-25

Rajnish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:42826 Court No. - 12 Case :- APPLICATION U/S 483 No. - 566 of 2025 Applicant :- Durga Prasad Yadav Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home Lko. And Aother Counsel for Applicant :- Pooja Srivastava,Ajay Kumar Ojha Counsel for Opposite Party :- G.A. Hon'ble Rajnish Kumar,J. Heard Ms. Pooja Srivatava, learned counsel for the applicant and learned AGA. This application has been filed for direction for expeditious disposal of Complaint Case No.6154/2022 ((Durga Prasad Yadav versus Arvind Yadav) under Section 138 of Negotiable Instrument Act pending in the court of Civil Judge(J.D.), Ist Sultanpur. From perusal of the order sheet it appears that the court itself is making earnest endeavour to decide the case because twice the bailable warrant was issued on non-appearance of the accused. Thereafter it appears that the application for discharge has been filed, on which last opportunity for arguments was granted on 28.05.2025 fixing 09.06.2025 and on a query, learned counsel for the applicant fairly states that the discharge application has still not been disposed of. In view of above, the occasion for a direction for disposal of complaint case at this stage does not arise. Even otherwise any application for disposal of the case can be moved before the concerned court pointing out the statutory provision, if any, and the concerned court may consider the same and proceed accordingly. With the aforesaid, the petition is dismissed. Order Date :- 25.7.2025 Akanksha Sri/- Digitally signed by :- AKANKSHA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench