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2025 DAILYLAW 166793 (ALL)

RAJENDRA @ RAJENDRA PRATAP UPADHYAY v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

/798/2025 · 2025-09-23

Saurabh Lavania

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 483 No. - 798 of 2025 Court No. - 11 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 kindly be pleased to direct the Learned Additional Chief Judicial Magistrate, Room No.-20 District- Sultanpur to decide the Criminal Case No.490 of 2023 titled as Rajendra Pratap upadhyay versus Santosh Kumar Yadav, U/S-138 of Negotiable Instrument Act, Police Station- Kotwali Nagar, District- Sultanpur within stipulated period of time." 3. Considering the facts and circumstances of the case as also the period of pendency of the complaint case in issue before the trial court concerned and also taking note of Section 143 of the Negotiable Instruments Act, 1881, as per which, 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, Versus Counsel for Applicant(s) : Gyanendra Mishra Counsel for Opposite Party(s) : G.A. Rajendra @ Rajendra Pratap Upadhyay .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) (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. September 23, 2025 Arun/- A483 No. 798 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench