Naresh Kumar Oberai vs State Of U.P. And Another
2021 Latest Caselaw 3294 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 79
 

 
Case :- APPLICATION U/S 482 No. - 7082 of 2021
 

 
Applicant :- Naresh Kumar Oberai
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Prem Sagar Verma,Madan Mohan
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Vivek Varma,J.

Heard learned counsel for the applicant, Sri Nikhil Chaturvedi learned A.G.A for the State and perused the record.

This application under Section 482 Cr.P.C. has been filed for following relief:

"It is expedient in the interest of justice that this Hon'ble Court may very kindly be pleased to direct the learned Additional Chief Judicial Magistrate, Court No. 2, Agra to implement and the judgment and order dated 13.3.2018 passed by this Court in Criminal Misc. Application (Under Section 482 Cr.P.C.) No. 8047 of 2018 (naresh Kumar Oberai vs. State of U.P. & another) in its tone, tenor and spirit and to consider and decide the Complaint Case No. 4965 of 2017 (Naresh Kumar Oberai vs. Faijan Kuraishi), under Section 138 of N.I. Act, P.S. Sikandra, District Agra as expeditiously as possible."

A perusal of record reveals that earlier the applicant has approached this Court by filing Application U/s 482 Cr.P.C. No. 8047 of 2018, wherein this Court has passed the following order :

"This application u/s 482 Cr.P.C. has been filed seeking the direction to the Additional Chief Judicial Magistrate, Court No.2, Agra to consider and decide Complaint Case No.4965 of 2017 (Naresh Kumar Oberai vs. Faijan Kuraishi), u/s 138 of the Negotiable Instrument Act, P.S.-Sikandra, District-Agra expeditiously.

Heard applicants' counsel and learned A.G.A. for the State. Record has been perused.

In the facts and circumstances of the case the lower court concerned is directed to expedite and conclude the proceeding of the aforesaid case at the earliest without granting any unnecessary adjournment to either of the parties, unless there is some legal impediment or unless there is any order passed by the higher court staying the proceedings of the case.

With the aforesaid observation this application is disposed off."

In view of the above, for the same set of facts and relief as prayed, the present application is not maintainable.

Accordingly, the application is dismissed.

Order Date :- 12.3.2021

S.S.