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2025 DAILYLAW 8343 (ALL)

SURYA PRAKASH v. STATE OF U.P. AND ANOTHER

A482/1505/2025 · 2025-05-06

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:73544 Court No. - 73 Case :- APPLICATION U/S 482 No. - 1505 of 2025 Applicant :- Surya Prakash Opposite Party :- State of U.P. and Another Counsel for Applicant :- Navneet Mishra,Shri Nath Mishra Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Shri Nath Mishra, learned counsel for the applicant and learned A.G.A. for the State. 2. Learned counsel for the applicant has submitted that though the application has been preferred to quash the summoning order dated 21.9.2023 as well as the entire proceedings of Complaint Case No.88017 of 2023, (Anita Tripathi vs. Surya Prakash) pending before Additional Court, N.I. Act, Varanasi, under Section 138 of the N.I. Act, Police Station Sigra, District Varanasi, however, he confines his relief for compounding under Section 147 of the N.I. Act in view of the judgement in Damodar S Prabhu Vs Sayed Babalal reported in AIR 2010 SC 1907. 3. Learned A.G.A. has no objection to the same. 4. Considering the submissions so made across the Bar, the application is disposed of directing the applicant to file the proceedings for compounding under Section 147 of N.I. Act by 30.05.2025 and the same shall be decided with most expedition preferably within a period of 45 days in terms of the judgment passed in Damodar S Prabhu (supra). 5. Till application is decided, no coercive action shall be taken against the applicant of Complaint Case No.88017 of 2023, (Anita Tripathi vs. Surya Prakash) pending before Additional Court, N.I. Act, Varanasi, under Section 138 of the N.I. Act, Police Station Sigra, District Varanasi. 6. The protection accorded to the applicant is only available subject to compliance of terms and conditions and timeline as provided herein and in case of default, the order shall stand vacated without reference to the Bench. Order Date :- 7.5.2025/piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad