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2025 DAILYLAW 163140 (ALL)

MADAN GOPAL SRIVASTAVA v. STATE OF U.P. THRU. PRIN. SECY. ADDL. CHIEF SECY. DEPTT. OF HOME LKO. AND ANOTHER

A483/735/2025 · 2025-09-08

Saurabh Lavania

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 483 No. - 735 of 2025 Court No. - 11 HON'BLE SAURABH LAVANIA, J. 1. Heard. 2. Present application has been filed for the following main relief:- "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to direct learned trial Court below in Case Number 27574 of 2023, Under Section 138 of N.I. Act, Police Station Kotwali Nagar, District Bahraich, pending in the Court of Chief Judicial Magistrate, Bahraich to take all the necessary steps including writing a letter to the Superintendent of Police, Bahraich with respect to the non-execution of non-bailable warrants against the opposite party number 2 by the police as it is the only impediment in pronouncement of judgement at the stage of the conclusion of trial and this Hon'ble Court may further be pleased to direct the learned trial Court to pronounce the judgement as early as possible preferably within a month." 3. The relief sought in the instant application has already been granted by this Court vide order dated 31.05.2024 passed in APPLICATION U/S 483 No. - 416 of 2024. The order dated 31.05.2024 is extracted here-in-under:- "Heard Sri Hom Narayan Awasthi, learned counsel for the applicant as well as Sri Ashok Kumar Singh, learned A.G.A.-I for the State and perused the record. This application under Section 483 Cr.P.C. has been filed by the applicant seeking a direction to the learned Chief Judicial Magistrate, Bahraich to decide the complaint case no.27274 of 2023, under Section 138 N.I. Act, Police Station Kotwali Nagar, District Bahraich. Learned counsel for the applicant submits that a positive direction be given to the trial court to decide the aforesaid case within a stipulated period. Learned A.G.A.-I has no objection on the prayer made by the learned counsel for the applicant and submits that a positive direction be given to the trial court to decide the case of the applicant, as merely Versus Counsel for Applicant(s) : Avinash Singh Counsel for Opposite Party(s) : G.A. Madan Gopal Srivastava .....Applicant(s) State Of U.P. Thru. Prin. Secy. Addl. Chief Secy. Deptt. Of Home Lko. And Another .....Opposite Party(s) keeping pending the same by the trial court does not suffice any purpose of the litigation. In view of the statements made by the learned counsel for the parties, the trial court is directed to decide the aforesaid case expeditiously i.e. within six months, without granting any unnecessary adjournment to either of the parties from the date of filing of the certified copy of this order, unless there is some legal impediment or unless there is any order passed by the higher court staying the proceedings of the case. With the aforesaid observation, the petition is disposed of finally. It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this application and must not be construed to have any reflection on the ultimate merits of the case." 4. Taking note of aforesaid as also that instant application seeking the main prayer which has already been granted by this Court is not maintainable. It is accordingly dismissed as not maintainable. September 8, 2025 Vinay/- A483 No. 735 of 2025 2 (Saurabh Lavania,J.) 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