RATNESH KUMAR v. STATE OF U.P. THRU. PRIN. SECY. (HOME) LKO. AND ANOTHER
A482/8647/2025 · 2025-10-16
Brij Raj Singh
body2025
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[ 2025 DAILYLAW 203755 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 203755 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 8647 of 2025 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J.
1. Supplementary affidavit filed on behalf of the applicant, is taken on record.
2. This application under Section 482 Cr.P.C. has been filed by the applicant with the prayer to quash the order dated 28.8.2025 along with orders dated 11.6.2024, 24.7.2025 passed in Case No. 3052/2021, under Section 138 Negotiable Instruments Act, P.S. Kotwali Nagar, District Barabanki, pending before the court of ACJM, Court No.11, Barabanki, passed against the applicant.
3. The applicant is aggrieved against the orders dated 11.6.2024 and 24.7.2025 which is Non-bailable warrant as well as notice to sureties along with the process of Section 82 Cr.P.C. He has submitted that mutual agreement had taken place to arrange the money and on the date fixed i.e. 11.6.2024, he could not appear and Non-bailable warrant has been issued i.e. on 28.8.2025 and the proceedings under Section 82 Cr.P.C. was also adopted.
4. It has been stated by learned counsel for the applicant that the applicant is ready to cooperate the proceedings so that the matter may be settled.
5. Considering the aforesaid facts, I stay the dated 11.6.2024, 24.7.2025 and order dated 7.8.2025 passed in Case No. 3052/2021, under Section Versus Counsel for Applicant(s) : Mohammad Alishah Faruqi, Azizullah Khan Counsel for Opposite Party(s) : G.A. Ratnesh Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. (Home) Lko. And Another .....Opposite Party(s)
138 Negotiable Instruments Act, P.S. Kotwali Nagar, District Barabanki, pending before the court of ACJM, Court No.11, Barabanki, passed against the applicant and the applicant for four weeks who will appear before the court below on 29.10.2025 and will move an application for recall of the aforesaid orders, which will be decided within aforesaid period.
6. It is further made clear that the applicant will not seek unnecessary adjournment in the case and will cooperate in the proceedings, otherwise the benefit of this order will not be available to him.
7. With the aforesaid observations, the instant application under Section 482 Cr.P.C., is disposed of. October 16, 2025 Muk A482 No. 8647 of 2025 2 (Brij Raj Singh,J.) Digitally signed by :- MOHD UMAR KHAN High Court of Judicature at Allahabad, Lucknow Bench