SYED ANWAR ASHRAF v. THE STATE OF U.P. THRU. ITS PRIN. SECY. HOME DEPTT. SECTT. LKO. AND 4 OTHERS
A483/811/2025 · 2025-10-06
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 199673 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 199673 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 483 No. - 811 of 2025 Court No. - 11 HON'BLE SAURABH LAVANIA, J.
1. Heard learned counsel for the applicant, learned Government Advocate for the State of U.P. and perused the record. 2. The instant application under Section 483 Cr.P.C. read with Section 529 Bharatiya Nagrik Suraksha Sanhita, 2023 (in short "BNSS") has been filed for the following main relief:-
"For the facts, reasons and circumstances disclosed in the instant application under section 529 BNSS, which is duly supported with an affidavit, it is most respectfully prayed that this Hon'ble court may graciously be pleased to direct the Ld. Special Court, N.I.Act, Court no. 12 to decide the complaint case bearing no. 1675/2016 under section 138 N.1.Act, P.S Hazratganj, Lucknow (Syed Anwar Ashraf Versus Suchita Infra Developers Pvt. and others) at the earliest/within stipulated period as fixed by this Hon'ble Court."
3. Considering the facts and circumstances of the case including the fact that despite fixing date for final order, as appears from the order dated 21.04.2025 passed by the Magistrate concerned, the final order has not been pronounced as also the period of pendency of the complaint case in issue before the trial court concerned and also taking note of Section 143 of the Negotiable Instruments Act, 1881, as per which, the proceedings instituted under Section 138 of the Act of 1881 shall be concluded expeditiously as possible and an endeavour shall be made to conclude the trial within six months from the date of filing of the case and also taking note of observations made by the Hon'ble Apex Court in the case(s) of Maneka Versus Counsel for Applicant(s) : Mohd. Hayan Hasan, Mohd. Imran, Mohsin Khan Counsel for Opposite Party(s) : G.A. Syed Anwar Ashraf .....Applicant(s) The State Of U.P. Thru. Its Prin. Secy. Home Deptt. Sectt. Lko. And 4 Others .....Opposite Party(s)
Gandhi Versus Union of India and Another, (1978) 1 SCC 248; Hussainara Khatoon Versus Home Secretary, State of Bihar, (1980) 1 SCC 81 and Kadra Pahadiya and Others Versus State of Bihar, (1981) 3 SCC 671, regarding expeditious disposal of cases, the present application is disposed of with a direction to the court concerned to consider and decide the complaint case in issue, most expeditiously. 4. With the aforesaid, the instant application is disposed of.
October 6, 2025 Jyoti/- A483 No. 811 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench