PAWAN KUMAR TIWARI v. THE STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER
A483/1021/2025 · 2025-12-03
Manjive Shukla
body2025
DailyLaw.ai
[ 2025 DAILYLAW 176195 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 176195 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 483 No. - 1021 of 2025 Court No. - 21 HON'BLE MANJIVE SHUKLA, J.
1. Heard Shri Ravi Kant Ranjan, learned counsel for the applicant and learned Additional Government Advocate appearing for the State. 2. In view of the order proposed, notice to Opposite Party No. 2 is hereby dispensed with. 3. The captioned petition under Section 483 Cr.P.C. read with Section 529 B.N.S.S 2023 has been filed, inter alia praying therein for the following reliefs:-
"That for the facts, reasons and circumstances narrated in the accompanying affidavit it is most respectfully prayed that this Hon'ble Court may graciously be pleased to direct the Court of learned Additional Magistrate-I, Lucknow/District and Session Court, Lucknow to expeditiously decide the Complaint Case No. 1010/2020 (U/s 138 NI Act)
"Pawan Kumar Tiwari Vs. Pramod Kumar' pending since 27.01.2020 within a period of six months or the stipulated time as framed by this Hon'ble Court, in the interest of justice. Such other order or direction, which this Hon'ble Court may deem just, fit and proper in the facts and circumstances of the case, may kindly also be passed in favour of the Applicant." Versus Counsel for Applicant(s) : Ravi Kant Ranjan, Ashok Kumar, Pooja Singh Counsel for Opposite Party(s) : G.A. Pawan Kumar Tiwari .....Applicant(s) The State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another .....Opposite Party(s)
4. It has been contended on behalf of the applicant that a case under Section 138(1) of the N.I. Act had been filed by the applicant way back in the year 2020 and the same is pending and has not been decided till date, though there is categorical provision under Section 143(3) of the N.I. Act that the complaint case filed under under Section 138(1) of the N.I. Act, preferably be decided within a period of six months. 5. It has further been contended that due to the pendency of the aforesaid complaint case, applicant is suffering with lot of difficulties. 6. I have considered the submissions made by the learned counsels appearing for the parties and I find that under Section 143 (3) of the N.I. Act, there is categorical provision that the complaint case filed for the offence punishable under Section 138 (1) of the N.I. Act, preferably shall be decided within a period of six months.
I further find that in the present matter, complaint case is of the year 2020 and has not been decided so far. 7. Having considered the overall facts and circumstances of the case, this Application U/S 483 is finally disposed of with a direction to the court concerned to expedite the hearing of the Complaint Case No. 1010 of 2020 and decide it preferably within a period of six months from the date of service of certified copy of this order. December 3, 2025 Satish A483 No. 1021 of 2025 2 (Manjive Shukla,J.) Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench