SMT. JYOTSANA JAYESH SHAH v. STATE OF U.P. AND ANOTHER
NA528/4580/2025 · 2025-02-23
Arun Kumar Singh Deshwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 18392 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 18392 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:26461 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 4580 of 2025 Applicant :- Smt. Jyotsana Jayesh Shah Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ravi Prakash Singh Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Ravi Prakash Singh, learned counsel for the applicant and Ms. Ruchi Mishra, learned State Law Officer for the State.
2. The instant application has been filed to direct the court below to decide the application dated 25.7.2024, under Section 311 Cr.P.C. in case No. 5829 of 2023, under Section 138 N.I. Act, P.S. Banna Devi, District Aligarh and stay the entire proceeding of the aforesaid complaint case.
3. Contention of the counsel for the applicant is that the application of the applicant, filed u/s 311 Cr.P.C., has been pending since 25.7.2024 and despite the fact that opposite party No.2 has filed an objection, the court below instead of deciding the same, has proceeded to conclude the trial.
4. Considering the aforesaid submission, the present application is
disposed of with a direction to the court below to decide the application of the applicant, filed under Section 311 Cr.P.C., as expeditiously as possible before concluding the trial under the N.I. Act.
Order Date :- 24.2.2025 Vandana Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad