Allahabad High Court
Sudhir Rao vs State Of U.P. And Another on 9 April, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:52088 Court No. - 73 Case :- APPLICATION U/S 482 No. - 42523 of 2024 Applicant :- Sudhir Rao Opposite Party :- State of U.P. and Another Counsel for Applicant :- Akhil Kumar Singh,Deepesh Kumar Ojha Counsel for Opposite Party :- G.A.,Sanjai Kumar Singh Hon'ble Vikas Budhwar,J.
1. The contention of the learned counsel for the applicant is that a perusal of the complaint lodged by the opposite party no. 2, it would reveal that an amount of Rs. 25,00,000/- were taken by the applicant in cash for election purposes. A cheque was drawn of an amount of Rs. 25,00,000/- dated 12.07.2022 which was dishonoured, while relying upon the judgment in the case of Orissa High Court in the case of Smt. Anupama Biswal v. State of Odisha and another; CRLMC No. 3881 of 2023 and Virendra Singh v. Laxmi Narain and another; AIR 2007 (1) JCC 6 (DEL). It is contended that no legally enforceable debt or liability can be said to have been fastened, particularly, with regard to alleged immoral transaction.
2. Shri Sarvesh Kumar Pandey,(A/S 0704/17) advocate holding brief of Shri Sanjay Kumar Singh seeks time to file response.
3. Matter requires consideration.
4. Opposite party no. 2 shall file their counter affidavit by 25.04.2025. Rejoinder affidavit, if any, may be filed by 02.05.2025 thereafter.
5. Put up this case as fresh on 06.05.2025 at 2.00 pm .
6. Till 06.05.2025, the further proceedings of Criminal Revision No. 64 of 2024 (Sudhir Rao v. State of U.P. and another),arising out of Complaint Case No. 6075 of 2022 (Lallan Chaudhay v. Sudhir Rao), as well as summoning order dated 06.01.2023 insofar as it relates to the applicant shall remain stayed.
Order Date :- 9.4.2025 A. Prajapati