Allahabad High Court
Raghu Nath Das Gupta And Others vs State Of U.P. And Another on 24 July, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:146950 Court No. - 81 Case :- APPLICATION U/S 482 No. - 18905 of 2005 Applicant :- Raghu Nath Das Gupta And Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- S.K. Chaubey Counsel for Opposite Party :- Govt. Advocate,K.C. Sinha,Rakesh Sinha Hon'ble Umesh Chandra Sharma,J.
1. Heard Sri S.K. Chaubey, learned counsel for applicants, learned A.G.A. for the State and perused the record.
2. None is present from the side of Registrar of Companies U.P., Kanpur Nagar even in the revised call.
3. Learned counsel for applicants produced on order dated 28.11.2019 passed in Application No.18906 of 2005 under Section 482 Cr.P.C. in which similar order was challenged before this Court and this Court held that in view of the judgment Dinesh Kumar Gupta vs. State of U.P. and another, 2013 (4) ADJ 274, Fakhruddin Ahmad vs. State of Uttraranchal, 2009 (64) Allahabad Criminal Cases 774 and Akash Garg vs. State of U.P. and others, 2011 (1) ADJ 849, the impugned order is not a speaking order and it would be presumed that such order was passed without applying judicial mind.
4. Hence, this Court is also in consonance with the order passed in the aforesaid case, therefore, the application is disposed of with the direction to Magistrate concerned to consider the complaint and pass speaking and reasoned order expeditiously within a period of three weeks from the date of receipt of certified copy of this order.
Order Date :- 24.7.2023 Kalp Nath Singh