Ashish Srivastava (Complaint ... vs The State Of U.P Thru Principal ...
2013 Latest Caselaw 823 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 26
 

 
Case :- U/S 482/378/407 No. - 1659 of 2013
 

 
Petitioner :- Ashish Srivastava (Complaint Case)
 
Respondent :- The State Of U.P Thru Principal Secy., Home And Ors.
 
Petitioner Counsel :- Sudhir Upadhyay,Prashant Srivastava
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Ajai Lamba,J.

1.  Learned counsel for the petitioner contends that an application under Section 245 Cr.P.C. was filed for discharge of the petitioner on various grounds.  While the application is pending adjudication, non-bailable warrant has been issued against the petitioner.

2.  Learned counsel for the petitioner further contends that manifest injustice would be caused, if the petitioner is put behind bars, because in the meantime even Arbitrator has rendered arbitral awards against the respondent no.4, which have been placed on record as Annexures 10 to 13.  The petitioner was not the Manager at the point in time, when the alleged offence was committed.

3.  Issue notice to respondent no.4 through the Chief Judicial Magistrate, Gonda, returnable on 13.5.2013.

4.  In the meantime, the Magistrate concerned is directed to take a decision on the application filed by the petitioner under Section 245 Cr.P.C. 

5.  It is also directed that no coercive action shall be taken against the petitioner till the next date of listing. 

6.  It is hereby made clear that the arbitral awards and other relevant documents, which have been passed in context of and in relation to the issue, may be allowed to be placed on record of the lower court for giving proper assistance. 

Order Date :- 12.4.2013

A.Nigam