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2025 DAILYLAW 186846 (ALL)

DHERENDRA NATH VERMA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/10315/2025 · 2025-12-05

Brij Raj Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 10315 of 2025 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J. 1. Heard learned counsel for the applicant as well as learned Additional Government Advocate and perused the record. 2. This application has been filed with the following main prayers: "That for the facts, reasons and circumstances stated in the accompanying affidavit, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to set aside the impugned order dated 18.11.2022 passed by Learned Judicial Magistrate-II, Raebareli, in Criminal Complaint Case No. 03/2019 (Sanjay Kumar Singh Versus Dherendra Nath Verma under section 138 Negotiable Instruments Act, Police Station-Kotwali Nagar, District-Raebareli whereby the learned Court has issued non bail able warrant against the petitioner and entire proceeding Criminal Complaint Case No. 03/2019 (Sanjay Kumar Singh Versus Dherendra Nath Verma) under section 138 Negotiable Instruments Act, pending before Learned Judicial Magistrate-II, Raebareli, which is contained as Annexure No. 1 & 2 to this petition. It is further prayed that this Hon'ble Court may kindly be pleased to stay the proceeding of Criminal Complaint Case No.03/2019 (Sanjay Kumar Singh Versus Dherendra Nath Verma) under section 138 Negotiable Instruments Act, Police Station-Kotwali Nagar, District-Raebareli, pending before Learned Judicial Magistrate-II, Raebareli, during the pendency of the present case." Versus Counsel for Applicant(s) : D.P. Dutt Tiwari, Shiv Shyam Tiwari Counsel for Opposite Party(s) : G.A. Dherendra Nath Verma .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) 3. Learned counsel for the applicant submits that he does not want to press this application on merits. However, he submits that non bailable warrant has been issued against the applicant on 18.11.2022 for the reason that he could not appear before the court below and he has taken a ground that opposite party no.2 and his goons have threatened him not to appear before the court. He has submitted that the applicant will cooperate in the proceedings in future. 4. In view of above, this application is disposed of with a direction to the applicant to move an application for recall of the order dated 18.11.2022 within a period of two weeks from today and if such an application is moved, the trial court is directed to decide the same within a period of four weeks thereafter. The applicant will not seek any unnecessary adjournments in future. Till expiry of six weeks or till disposal of the said application, non bailable warrant issued against the applicant shall be kept in abeyance. December 5, 2025 Sachin A482 No. 10315 of 2025 2 (Brij Raj Singh,J.) Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench