SMT. RADHA @ RADHA AWASTHI v. STATE OF U.P. AND ANOTHER
A482/36681/2017 · 2025-08-21
Samit Gopal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 48157 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 48157 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:144965
Court No. - 64 Case :- APPLICATION U/S 482 No. - 36681 of 2017 Applicant :- Smt. Radha @ Radha Awasthi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manoj Kumar Srivastava,Rahul Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.
1. List revised.
2. No one appears on behalf of the applicant(s) to press this application under Section 482 Cr.P.C. despite the fact that there are two learned counsels appearing on behalf of the applicant (s).
3. Sri Ajay Singh, learned AGA-I for the State is present.
4. The present application under Section 482 Cr.P.C. has been filed by the applicant Smt. Radha @ Radha Awasthi with the following prayers:
"It is, therefore, most respectfully prayed that this Hon'ble Court may very graciously be pleased to allow this application and quash the prosecution of the applicant under section 138 Negotiable Instrument Act and as well as the
order dated 25.7.2017 passed by the Learned Session Judge, Aligarh, in Criminal Revision no. 355 of 2017 Radha Awasthi versus State of U.P. and
order dated 6.5.2017 passed by the Additional Chief Judicial Magistrate, Court No. 5, Alligarh in case no. 18206 of 2015 (Sangeeta Singh versus Radha @ Radha Awasthi). It is also prayed that during the pendency of the present application before this Hon'ble Court the further proceedings of complaint case no. 18206 of 2015 under section 138 Negotiable Instrument Act which is now pending in the court of Additional Chief Judicial Magistrate Vth, Aligarh (Sangeeta Singh versus Radha @ Radha Awasthi. May be kept in abeyance otherwise the applicant will suffer irreparable loss and injury."
5. This matter was referred to the Mediation and Conciliation Centre of this Court vide order dated 7.11.2017 subject to deposit of Rs.2,30,000/- by the applicant. As per report of the Mediation Centre dated 8.2.2018, the applicant has not deposited the said money before the Centre till 8.2.2018.
6. In view of the same, this matter is reported by the office through
the report dated 4.8.2025 of Registrar (J) (Listing) that it is likely to be infructuous.
7. Perused the records.
8. Since there is no one appearing on behalf of the applicant(s) to press this application U/s 482 Cr.P.C., the matter being likely to have become infructuous by efflux of time, the same is dismissed as such.
9. The present application is dismissed as infructuous.
10. Interim order, if any, stands vacated.
11. Registrar (Compliance) to communicate this order to the District and Sessions Judge/trial court concerned within a week. (Samit Gopal, J.)
Order Date :- 22.8.2025 Gaurav Kuls Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad