TRIBHUWAN PATEL v. STATE OF U.P. THRU. ITS PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
A483/648/2025 · 2025-08-20
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 158518 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 158518 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:48680 Court No. - 11 Case :- APPLICATION U/S 483 No. - 648 of 2025 Applicant :- Tribhuwan Patel Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Ruchi Singh 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(s):-
"i. Direct learned Judicial Magistrate Kunda, Pratapgarh to consider and decide the Complaint Case No. 274 of 2022 "Tribhuwan Patel Versus Avinash Kumar Tiwari" under section-138 of the Negotiable Instruments Act, 1881, Police Station-Nawabganj, District-Pratapgarh filed by the petitioner pending before him since 23.07.2022 expeditiously within a stipulated time as fixed by this Hon'ble Court as contained in Annexure No. 1 to this petition."
3. Considering the facts and circumstances of the case as also that the complaint case in issue is pending consideration since July, 2022 before the trial court concerned and as per Section 143 of the Negotiable Instruments Act, 1881, the 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 by the Hon'ble Apex Court 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 and 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 consider and decide the complaint case in issue, expeditiously.
4. With the aforesaid, the instant application is disposed of. Order Date :- 20.8.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench