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2025 DAILYLAW 181723 (ALL)

SAURABH MISHRA v. STATE OF U.P. THRU. ADDL. PRIN. SECY. HOME LKO. AND ANOTHER

/10380/2025 · 2025-12-09

Brij Raj Singh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 10380 of 2025 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J. 1. The present application has been filed seeking quashing of the impugned orders dated 27.05.2025 and 17.05.2025 passed by Additional Court, Faizabad/Ayodhya in Complaint Case No.339 of 2016. Vide impugned order dated 27.05.2025, the application seeking discharge preferred by the applicant has been rejected and vide impugned order dated 17.05.2025, the application under Section 259 CrPC preferred by the applicant has been rejected. 2. Sri Vikas Verma, learned counsel for the applicant submits that the application seeking discharge preferred by the applicant has been rejected and the trial Court has taken view that while deciding the case under Section 138 of Negotiable Instruments Act, the procedure of Code of Criminal Procedure from Sections 251 to 259 will be applicable and in view of that, there is no legal provision available to the applicant to move application seeking discharge. 3. On the other hand, learned AGA for the State submits that application seeking discharge is not maintainable in the proceedings under Section 138 of Negotiable Instruments Act. 4. After going through the record, it is clear that in the proceedings under Section 138 of Negotiable Instruments Act, there is no provision in which the applicant can seek discharge. The procedure from Sections 251 to 259 Versus Counsel for Applicant(s) : Arpan Prakash Srivastava, Saurabh Dwivedi Counsel for Opposite Party(s) : G.A. Saurabh Mishra .....Applicant(s) State Of U.P. Thru. Addl. Prin. Secy. Home Lko. And Another .....Opposite Party(s) CrPC is applicable in the present case. There is no provision where an applicant can move application seeking discharge. 5. The application is devoid of merits and is, accordingly, rejected. December 9, 2025 Mohit Singh/- A482 No. 10380 of 2025 2 (Brij Raj Singh,J.) Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench