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2025 DAILYLAW 196654 (ALL)

PRASHANT KUMAR v. STATE OF U.P. THRU. THE PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER

A482/8969/2025 · 2025-10-17

Brij Raj Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 8969 of 2025 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J. 1. Heard learned counsel for the applicant and learned AGA for the State. 2. This application under Section 482 Cr.P.C. has been filed by the applicant with the prayer to quash/ set aside the impugned order dated 22.9.2025 passed by the learned Additional Court, Faizabad in Complaint Case No. 5702 of 2018 (Jwala Prasad Vs. Prashant Kumar) under Section 138 Negotiable Instrument Act, Police Station Kotwali Naar, District Faizabad (now Ayodhya) by means of which the learned trial court has rejected the application dated 16.9.2025 for recall of the NBW moved by the applicant has been rejected for want of prosecution, as contained in Annexure No.1 tot his application. 3. It has been submitted by learned counsel for the applicant that Non- bailable warrant was issued on 22.11.2024 and the applicant moved an application for recall of the order on 16.9.2025. The application for recall was dismissed for want of prosecution, vide impugned order dated 22.9.2025. It appears that the applicant is not cooperating before the subordinate court and is not attending the trial. 4. He has submitted that counsel who was appearing on behalf of the applicant could not pursue the case properly, therefore the application for recall was rejected. 5. In view of the aforesaid it is to be seen that the applicant is not Versus Counsel for Applicant(s) : Rama Niwas Pathak Counsel for Opposite Party(s) : G.A. Prashant Kumar .....Applicant(s) State Of U.P. Thru. The Prin. Secy. Deptt. Of Home Lko. And Another .....Opposite Party(s) cooperating in the trial and he is avoiding the proceeding, therefore, it is directed that he will not seek adjournment before the trial court and he will move application for recall of the order dated 22.9.2025 within 10 days from today and the same will be decided within two weeks thereafter. 6. For the period of four weeks, no coercive proceeding will be adopted, however, it is made clear that on the undertaking given by the applicant this relief is granted. In case he seeks adjournment or avoiding the proceeding of the court, the court below will strictly to proceed against the applicant. 7. With the aforesaid direction, the instant application is disposed of. October 17, 2025 Muk A482 No. 8969 of 2025 2 (Brij Raj Singh,J.) Digitally signed by :- MOHD UMAR KHAN High Court of Judicature at Allahabad, Lucknow Bench