Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:36839 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 2426 of 2025 Petitioner :- Sarfraz Ahmad Respondent :- State of U.P. and Another Counsel for Petitioner :- Mohammad Khalid Counsel for Respondent :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard Sri Mohammad Khalid, learned counsel for the petitioner and learned AGA for the State.
2. Present petition has been preferred with the prayer to set aside the summoning order dated 20.12.2023 passed by Presiding Officer, Additional Court, District- Aligarh in Complaint Case no. 847 of 2023 (Satnam Singh vs. Sarfraz) under Section 138 N.I. Act, Police Station- Quarsi, District- Aligarh by which learned trial court summoned the petitioner. It is also prayed that the proceeding of Complaint Case no. 847 of 2023 be stayed.
3. At the very outset, learned AGA raised a preliminary objection regarding the maintainability of this petition on the ground that against the impugned summoning order dated 20.12.2023, petitioner has remedy of filing revision before learned court concerned and as such the instant petition is not maintainable.
4. Sri Mohammad Khalid, learned counsel for the petitioner failed to rebut the objection raised by learned AGA for the State.
5. In view of the aforementioned facts and circumstances, the instant petition stands dismissed with liberty to petitioner to take legal recourse available at law before appropriate forum.
6. Office is directed to return the certified copy of the impugned
order appended along with the petition to office of learned counsel for petitioner after retaining a xerox copy of the same as per rules.
Order Date :- 12.3.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad