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2025 DAILYLAW 158737 (ALL)

RAJ KUMAR PATWA v. STATE OF U.P. THRU. ITS PRIN. SECY. HOME LKO. AND ANOTHER

A483/659/2025 · 2025-08-22

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:49387 Court No. - 11 Case :- APPLICATION U/S 483 No. - 659 of 2025 Applicant :- Raj Kumar Patwa Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home Lko. And Another Counsel for Applicant :- Rajesh Kumar Shukla,Yogesh Prajapati 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):- "Wherefore, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to direct the learned Additional Chief Judicial Magistrate-II, Court No.18, Sultanpur to expeditiously decide the Criminal Case No.84 of 2023 (Raj Kumar Patwa Versus Jyoti Shukla), under Section 138 of N.I. Act, Police Station Motigarpur, District Sultanpur, pending in the court of Additional Chief Judicial Magistrate-II, Court No.18 Sultanpur, in accordance with law, within time stipulated by this Hon'ble Court." 3. Considering the facts and circumstances of the case as also that the complaint case in issue is pending consideration since 2023 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 :- 22.8.2025 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