SHIV MURTI v. STATE OF U.P. THRU. PRIN. SECY. HOME AND 2 OTHERS
A482/7263/2025 · 2025-09-02
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 161489 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 161489 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7263 of 2025 Court No. - 11 HON'BLE SAURABH LAVANIA, J.
1. Heard Shri Suhail Kashif, learned counsel for the applicant, Shri S.P. Tiwari, learned AGA for the State and perused the record. 2. The present application under Section 482 Cr.P.C. has been filed for the following main relief(s):-
"Wherefore, It is most respectfully prayed that this Hon'ble court may kindly be pleased to Quash the order dated 25.07.2025 Passed by the Additional Chief Judicial Magistrate, Court No.17, District: Barabanki, in Complaint No. 1979 of 2014, Us: 138 NI Act, Police Station: Haidergarh, District: Barabanki as well as Complaint No. 1980 of 2014, Us: 138 NI Act, Police Station: Haidergarh, District: Barabanki, contained as Annexure No.1 to the petition in the interest of Law and Justice. It is further Prayed that this Hon'ble Court may Stay the Operation of order dated 25.07.2025 Passed by the Additional Chief Judicial Magistrate, Court No.17, District : Barabanki, in Complaint No. 1979 of 2014, Us: 138 NI Act, Police Station Haidergarh, District: Barabanki as well as Complaint No. 1980 of 2014, Us: 138 NI Act, Police Station: Haidergarh, District: Barabanki, contained as Annexure No.1 to the petition in the interest of Law and Justice."
3. It is to be noted that both the complaint cases, i.e. Complaint No.1979 of Versus Counsel for Applicant(s) : Suhail Kashif Counsel for Opposite Party(s) : G.A. Shiv Murti .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home And 2 Others .....Opposite Party(s)
2014 and Complaint No.1980 of 2014 were instituted in terms of Section 138 of the Negotiable Instruments Act, 1881 (in short "N.I. Act"). 4. Vide order dated 25.07.2025, the Addl. Chief Judicial Magistrate, Court No.17, Barabanki has rejected the application preferred by the accused-applicant - Shiv Murti for staying the proceedings of the above indicated case i.e. Complaint Case No.1979/2014 and Complaint Case No.1980/2014. 5.
The application for staying the proceedings was moved based upon the fact that in relation to the Cheques in dispute, an F.I.R. was lodged which was registered as Case Crime No.254/202013, under Section 419, 420, 406 I.P.C., at Police Station Haidergarh, District-Barabanki against the complainant- Brijendra Tiwari and Ajay Kumar Mishra and according to this F.I.R. over the cheques in issue very cleverly the accused persons obtained the signature of the informant/applicant - Shiv Murti and in this regard Investigating Officer has submitted charge sheet against the complainant and the matter is pending before the competent court of jurisdiction. 6. On being asked, the learned counsel for the applicant could not place before this Court a provision of Cr.P.C.based upon which the Magistrate in exercise of his power can stay the proceedings. However, learned counsel for the applicant states that under Section 210 Cr.P.C. (now repealed) which is akin to Section 233 of the BNSS, 2023 case can be tried together. 7. Considering the aforesaid, this Court is of the view that the Magistrate has not committed any illegality and irregularity in passing the impugned order dated 25.07.2025, passed in Complaint Case No.1979 of 2014 and Complaint Case No.1980 of 2014. 8. Accordingly, the present petition is dismissed. Cost made easy. September 2, 2025 ML/- A482 No. 7263 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench