UDAI MISHRA v. STATE OF U.P. THRU. SECY. HOME LKO. AND ANOTHER
A483/629/2025 · 2025-08-12
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 157549 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 157549 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:46998 Court No. - 11 Case :- APPLICATION U/S 483 No. - 629 of 2025 Applicant :- Udai Mishra Opposite Party :- State Of U.P. Thru. Secy. Home Lko. And Another Counsel for Applicant :- Sukh Deo Singh,Paritosh Shukla Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J.
1. Heard learned counsel for the applicant, learned AGA for the State of U.P. and perused the record.
2. The instant application has been preferred for the following main relief:-
"I. Issue a suitable order or direction commanding the Learned Trial court to decide the execution proceeding initiated in Criminal Case bearing Criminal Case No. 5091/2024, "Udai Mishra. Vs. Sakshi Enterprises.", in proceeding under section 138 Negotiable Instrument Act, P.S Kotwali Nagar, District Sultanpur, currently pending before Learned Additional Chief Judicial Magistrate, Court No. 20, Sultanpur, expeditiously within such period as may be stipulated by this Hon'ble Court in the interest of justice."
3. Considering the facts and circumstances of the case as also that the execution proceedings in issue is pending consideration since 2024 before the trial court concerned and as per Section 143 of the Negotiable Instruments Act, 1881, the execution proceedings instituted under Section 138 of the Act of 1881 shall be concluded expeditiously as possible and an endeavour shall be made to conclude the trial within six months from the date of filing of the case and also taking note of observations made in the case(s) of Maneka Gandhi Versus Union of India and Another (1978) 1 SCC 248, Hussainara Khatoon Versus Home Secretary, State of Bihar (1980) 1 SCC 81, Kadra Pahadiya and Others Versus State of Bihar (1981) 3 SCC 671, regarding expeditious disposal of cases, the present application is disposed of with a direction to the court concerned to conclude the execution proceedings, expeditiously.
4. With the aforesaid, the instant application is disposed of. Order Date :- 12.8.2025 Vinay/- Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench