Rajesh Singh Chauhan @ Lallan ... vs State Of U.P. & 3 Others
2015 Latest Caselaw 5680 ALL

Citation : 2015 Latest Caselaw 5680 ALL
Judgement Date : 22 December, 2015

Allahabad High Court

Rajesh Singh Chauhan @ Lallan ... vs State Of U.P. & 3 Others on 22 December, 2015

Bench: Bala Krishna Narayana, Naheed Ara Moonis




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 40
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 29907 of 2015
 

 
Petitioner :- Rajesh Singh Chauhan @ Lallan Chauhan
 
Respondent :- State Of U.P. & 3 Others
 
Counsel for Petitioner :- Raj Kumar
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Bala Krishna Narayana,J.

Hon'ble Naheed Ara Moonis,J.

Heard learned counsel for the petitioner and learned A.G.A. for the State.

It is submitted by the learned counsel for the petitioner that the impugned F.I.R has been lodged by the respondent no.4 against the petitioner on the same allegations in respect of the same cheques which are subject matter of the criminal complaint filed by him against the petitioner under section 138 Negotiable Instrument Act, which was registered as Complaint Case No.979 of 2015 before Chief Judicial Magistrate, Auraiya and after impugned proceedings thereof were stayed by this Court vide order dated 7.12.2015 passed in Application u/s 482 Cr.P.C. No.34509 of 2015 preferred by the petitioner before this Court with a prayer for quashing the proceedings of the aforesaid complaint case.

The submissions made by learned counsel for the petitioner, prima facie, appear to be correct. The matter requires consideration.

Learned A.G.A has accepted notice on behalf of opposite party nos.1, 2 and 3. He prays for and is allowed six weeks' time to file counter affidavit.

Issue notice to opposite party no. 4, who may also file counter affidavit within the same period.

Rejoinder affidavit may be filed within two weeks thereafter.

List this matter immediately after eight weeks before the appropriate Court.

Till the next date of listing or till the submission of police report under section 173(2) Cr.P.C, whichever is later, the petitioner shall not be arrested pursuant to impugned FIR dated 24.11.2015 registered as Case Crime no.0607 of 2015, under sections 323, 406, 419, 420, 506 I.P.C., Police Station Dibiyapur, District Auraiya.

Order Date :- 22.12.2015