Avanish Kumar Rai vs State Of U.P. And Another
2014 Latest Caselaw 5411 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 50
 
Case :- APPLICATION U/S 482 No. - 34822 of 2014
 
Applicant :- Avanish Kumar Rai
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- J.P. Singh
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Arvind Kumar Tripathi,J.

Heard learned counsel for the applicant, learned AGA and perused the record.

Learned counsel for the applicant contended that on the basis of false allegation, impugned complaint has been filed. From perusal of the complaint itself, it is clear that the notice was given through registered post on 20/21.3.2012. However, the complaint has been filed on 30.3.2012 which is premature. Since the complaint has been filed without waiting for 15 days, as such, the same is not maintainable and the court has no jurisdiction to take cognizance before expiry of the 15 days.

Learned AGA opposed the aforesaid prayer.

Considered the submissions of learned counsel for the parties. Disputed question of fact will be examined by the court concerned at appropriate stage, in accordance with law on the basis of evidence adduced by the parties. Hence, no interference is required at this initial stage.

However, if objection/discharge application is filed by the applicant through counsel within 30 days before the court concerned, it is expected that the same shall be considered and decided by a reasoned and speaking order, expeditiously, at appropriate stage, in accordance with law. Till disposal of the application on merit, no coercive action shall be taken against the applicant in Complaint Case No. 2407 of 2012 (New No. 3201 of 2014), under Section 138 N.I.Act, P.S. Kasganj, District Kasganj.

Further if application is rejected and the applicant appears before the court concerned within three weeks and applies for bail in aforesaid complaint case, it is expected that the same will be considered and disposed off, expeditiously, if possible on the same day, in accordance with law, in view of the law laid down by the Full Bench of this Court in the case of Amarawati and another Vs. State of U.P., reported in 2004(57) ALR-390 and by the Apex Court in Lal Kamlendra Pratap Singh Vs. State of U.P., reported in 2009 (4) SCC 437, after giving opportunity to public prosecutor.

With aforesaid observations and direction, the present application u/s 482 Cr.P.C. is finally disposed off.

Order Date :- 29.8.2014/A.K.Srivastava