Allahabad High Court
Rajesh Kumar Srivastava vs State Of U.P. Thru. Prin. Secy. Home Lko ... on 10 August, 2023
Author: Rajeev Singh
Bench: Rajeev Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2023:AHC-LKO:53695 Court No. - 12 Case :- APPLICATION U/S 482 No. - 7874 of 2023 Applicant :- Rajesh Kumar Srivastava Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And Another Counsel for Applicant :- Upendra Prakash Pathak Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.
2. This application under Section 482 Cr.P.C. has been filed by the applicant for quashing the impugned summoning order dated 23.07.2021, passed by the Additional Judicial Magistrate, Barabanki in Case No. 5093 of 2021 ? Shiv Kumari Vs. Rajesh Kumar Srivastava, under Section 138 of Negotiable Instruments Act, Police Station - Kotwali, District - Barabanki whereby applicant has been summoned to face trial under Section138 of Negotiable Instruments Act. Further prayer has been made to quash the entire proceedings of aforesaid case.
3. After arguing the matter up to some length, learned counsel for the applicant submits that he does not want to press this application on merit and he confines his prayer only to the extent that applicant may be permitted to move discharge application through counsel and suitable directions may be issued for expeditious disposal of the same.
4. Learned A.G.A. has no objection in grant of aforesaid prayer.
5. In view of above, it is provided that applicant permitted to move his discharge application(s) through counsel within four weeks' from today and in case any such application(s) is/are being filed, same shall be heard and decided expeditiously after hearing the parties, in accordance with law, by means of a reasoned and speaking order.
6. Till the aforesaid period of four weeks' and during pendency of discharge application, no coercive steps shall be taken against the applicant in the aforesaid case.
7. In case of failure on the part of applicant in moving the discharge application(s) within the aforesaid period, he/they will not be entitled to the benefit of this order.
8. With above directions this application stands disposed of.
Order Date :- 10.8.2023
-Amit K-