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2025 DAILYLAW 186672 (ALL)

GENDAN LAL v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO. AND ANOTHER

A483/1029/2025 · 2025-12-03

Manjive Shukla

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 483 No. - 1029 of 2025 Court No. - 21 HON'BLE MANJIVE SHUKLA, J. 1. Heard learned counsel for the applicant and learned Additional Government Advocate appearing for the State. 2. In view of the order proposed to be passed, issuance of notice to Opposite Party No. 2 is hereby dispensed with. 3. This captioned application 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 relief:- "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to direct the Learned Additional Chief Judicial Magistrate, Court No. 4, Lakhimpur Kheri, to decide the Complaint No. 1038 of 2023 In'Re; "Gendan Lal Versus Saurabh Shrivastava" pending in the court of Learned Additional Chief Judicial Magistrate, Court No. 4, Lakhimpur Kheri, as expeditiously as possible in the interest of justice." 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 2023 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. Versus Counsel for Applicant(s) : Dr. Surendra Kumar Misra, Avnish Kumar Tiwari Counsel for Opposite Party(s) : G.A. Gendan Lal .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Another .....Opposite Party(s) 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 2023 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. 1038 of 2023 and decide the same, preferably within a period of six months from the date of service of certified copy of this order. December 3, 2025 Lokesh Kumar A483 No. 1029 of 2025 2 (Manjive Shukla,J.) Digitally signed by :- LOKESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench