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Neutral Citation No. - 2025:AHC:73421 Court No. - 81 Case :- MATTERS UNDER ARTICLE 227 No. - 4319 of 2025 Petitioner :- Mohammad Azam Respondent :- State of U.P. and Another Counsel for Petitioner :- Rajiv Chowdhury Counsel for Respondent :- G.A. Hon'ble Ms. Nand Prabha Shukla,J. Heard learned counsel for the petitioner, learned AGA for the State and perused the record. The present writ petition under Article 227 of the Constitution of the India has been filed with the following prayers:
"(i) to set aside the order dated 11.2.2025 passed by Additional Sessions Judge/Special Judge, Special Court No. 3 (Prevention of Corruption Act), Varanasi in Criminal Revision No. 177 of 2024 (Mohammad Azam vs. State of U.P. and another) as well as order dated 09.05.2024 passed by Additional Chief Judicial Magistrate, Court No. 8, Varanasi in Complaint No. 33685 of 2024 (Mohammad Azam vs. Kamarjahan), Police Station Sigra, District Varanasi. (ii) A direction was given to the learned Additional Chief Judicial Magistrate, Court No. 8, Varanasi to accept the complaint case within time and direct to the trial court/Additional Chief Judicial Magistrate, Court No. 8, Varanasi and summoned the accused/O.P. No. 2 under the relevant sections."
Learned counsel for the petitioner admits that there was a delay of about 15 days in lodging the complaint under Section 138 of N.I. Act. Considering the prayer made by learned counsel for the petitioner, it is directed that in case the petitioner moves a fresh complaint along with delay condonation application the same may be considered and decided within a period of four weeks strictly in accordance with law. With the aforesaid direction, the writ petition stands disposed of.
Order Date :- 7.5.2025 Puspendra Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad