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2025 DAILYLAW 200020 (ALL)

LAXMI DEVI v. NAEEM KHAN

A227/12222/2025 · 2025-10-13

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 12222 of 2025 Court No. - 88 HON'BLE VINOD DIWAKAR, J. 1. Heard learned counsel for the petitioner and learned A.G.A. for the State. 2. By means of the present petition, the petitioner has sought a direction to the learned Civil Judge (Junior Division), Maudaha, Hamirpur, to decide the application filed by the petitioner under Section 143-A of N.I. Act in Case No. 247 of 2019, titled Laxmi Devi v. Naeem Khan, under Section 138 of the N.I. Act, P.S. Kotwali Maudaha, District Hamirpur, within a stipulated time. 3. Learned counsel for the petitioner submits that the application under Section 143-A of the N.I. Act was filed in the year 2018 and, since then, no effective proceedings have been conducted by the learned Magistrate. It is further submitted that the respondent has been consistently defaulting and has not cooperated with the trial court. Learned counsel further placed reliance upon the order-sheet which reveals that the matter has been listed on around 76 occasions, non-bailable warrants have been issued against the respondent, and proceedings under Section 82 Cr.P.C. have also been initiated. 4. In view of the above, the instant petition is disposed of with a direction to the learned Civil Judge (Junior Division), Maudaha, Hamirpur, to decide the application filed by the petitioner under Section 143-A of the N.I. Act in Case No. 247 of 2019, titled Laxmi Devi v. Naeem Khan, under Section 138 of the N.I. Act, P.S. Kotwali Maudaha, District Hamirpur, expeditiously, within two weeks from the date of production of a certified copy of this order. 5. It is further directed that in case the accused fails to appear, the trial court shall proceed strictly in accordance with the terms and conditions on which Versus Counsel for Petitioner(s) : Abhishek Tripathi, Akhilesh Kumar Mishra Counsel for Respondent(s) : Laxmi Devi .....Petitioner(s) Naeem Khan .....Respondent(s) the bail has been granted to him. October 14, 2025 A. Tripathi A227 No. 12222 of 2025 2 (Vinod Diwakar,J.) Digitally signed by :- AKHILESH TRIPATHI High Court of Judicature at Allahabad