RAHUL SRIVASTAVA v. STATE OF U.P. THRU. SECY. HOME LKO. AND ANOTHER
A482/6438/2025 · 2025-08-07
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 156448 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 156448 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:46030 Court No. - 11 Case :- APPLICATION U/S 482 No. - 6438 of 2025 Applicant :- Rahul Srivastava Opposite Party :- State Of U.P. Thru. Secy. Home Lko. And Another Counsel for Applicant :- Shahid Salam,Farhan Ahmad Khan,Ramish Ahmad Baig,Swadha Kumari Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard Sri Shahid Salam, Advocate, who appeared alongwith Sri Farhan Ahmad Khan, learned counsel for the applicant and Sri S.P. Tiwari, learned AGA for the State of U.P. as well as perused the record. The instant application has been preferred seeking following main relief(s):-
"It is therefore most respectfully prayed that this Hon'ble Court may kindly be pleased to quash entire proceedings of Complaint case no 43 of 2017 (Srikant Agnihotri versus Rahul Srivastava), under section 138 Negotiable Instruments Act, 1881, P.S. Kotwali Nagar, District Raebareli, pending in the court of Additional Chief Judicial Magistrate Court no. 12 Raebareli in the interest of justice." At the outset, learned counsel for the applicant says that justice would suffice if the instant application is disposed of with a direction to the Additional Chief Judicial Magistrate, Court No. 12, District- Raebareli (in short "Magistrate"), where, the case in issue i.e. Complaint Case No. 43 of 2017 (Dr. Srikant Agnihotri vs. Rahul Srivastava) instituted under Section 138 of Negotiable Instruments Act, 1881 (in short "Act of 1881"), P.S.- Kotwali Nagar, District- Raebareli, is pending, to consider and decide the issue most expeditiously related to impleadment of Company namely ACME IFRA VENTURE INDIA Ltd. as the party in the said complaint case, regarding which, the applicant would move an application before the Magistrate. Taking note of the aforesaid, without issuing notice to the opposite party No. 2 as he would be having appropriate opportunity before the Magistrate to put forth his case, the instant application is disposed of with liberty to the applicant to move an appropriate application on the aforesaid aspect of the case before the Magistrate. In case, such an application is moved/preferred, the Magistrate shall consider and decide the same most expeditiously. It is in view of the fact that the complaint case in issue is pending since 2017. For expeditious disposal of the application, as aforesaid, the Magistrate shall avoid unnecessary adjournments to the parties concerned.
Order Date :- 7.8.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench