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2025 DAILYLAW 174647 (ALL)

UMESH AZAD AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/10502/2025 · 2025-12-11

Brij Raj Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 10502 of 2025 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J. Heard learned counsel for the applicant, Sri Rao Narendra Singh, learned A.G.A-I for the State and perused the records. The present application under Section 482 Cr.P.C. has been filed with the prayer to quash the impugned order dated 20.06.2025 passed by Special Court, NI Act, Lucknow and the entire proceedings of Case No. 397 of 2020, under Sections 138 of the Negotiable Instruments Act, Police Station- Qaiserbagh, District- Lucknow. The applicants had earlier challenged the summoning order as well as entire proceedings before this Court by means of APPLICATION U/S 482 No. 4898 of 2023. The said case was decided on 18.05.2023 by a detailed order and, thereafter, this Court noted in paragraph 10 that "the prayer for quashing the impugned summoning order as well as impugned proceedings is refused.". However, liberty was granted to the applicants to file appropriate application in accordance with law propounded by the Apex Court. The applicant moved application for dismissal of the complaint, which has been rejected by the trial Court, which is under challenge. The important fact is to be noted here that cause of action which had arisen to the applicants was espoused by them by filing the aforesaid application and by a detailed order, this Court declined to interfere in the summoning Versus Counsel for Applicant(s) : Prashant Tiwari, Rishabh Chauhan, Swetank Sharma Counsel for Opposite Party(s) : G.A. Umesh Azad And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) order as well as entire proceedings. Sri Rao Narendra Singh, learned A.G.A-I for the State has placed before me the judgment passed by Hon’ble Supreme Court in the case of Bhisham Lal Verma v. State of U.P., reported in (2024) 15 SCC 282 and has submitted that once cause of action which was espoused by them by filing the aforesaid application and the Court has refused to interfere in the same. There is no fresh cause of action and the applicants have again challenged the entire proceedings. After going through the record and the judgment of Hon'ble Supreme Court, cited above, I find that there is no fresh cause of action at the moment to be decided by this Court, therefore, the application which has been rejected by the trial Court vide impugned order dated 20.06.2025 needs no interference. Accordingly, the instant application is rejected. December 11, 2025 Mohit Singh/- A482 No. 10502 of 2025 2 (Brij Raj Singh,J.) Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench