Rajiv Kumar vs State Of U.P. And Another
2023 Latest Caselaw 3162 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 71
 

 
Case :- APPLICATION U/S 482 No. - 26886 of 2022
 

 
Applicant :- Rajiv Kumar
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Shahabuddin
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Mrs. Sadhna Rani (Thakur),J.

Heard learned counsel for the applicant and learned A.G.A.

This application under Section 482 Cr.P.C. has been filed seeking to quash of entire proceeding of complaint case no. 568/9 of 2019 ( Ashok Kumar Vs. Rajiv Kumar) under section 138 N.I. Act, police station Chandausi, District Sambhal, as well as summoning order dated 19.3.2021 along with non bailable warrant dated 19.7.2022 issued by Judicial Magistrate, Sambhal at Chadausi.

During argument, learned counsel for the applicant prayed that his application under Section 482 Cr.P.C. be decided in the light of judgement of Apex Court in Damodar S Prabhu Vs. Sayed Babalal H, 2010 Law Suit (SC) 406.

In view of above submission, the application under Section 482 Cr.P.C. is disposed of with the direction to the trial court that in case the applicant appears before it with an application explaining his grievance therein along with this order within a period of one month from today, the trial court shall be under obligation to decide the case of the present applicant in the light of directions issued by the Apex Court in Damodar S Prabhu Vs. Sayed Babalal H, 2010 Law Suit (SC) 406, as early as possible preferably within two month from the date of producing the application by the applicant in the trial court.

If the applicant dishonours above order and does not get his case decided on the basis of judgment of Damodar S Prabhu above and he is further required to appear and face the trial, the court shall be at liberty to proceed in accordance with law against the accused and take all necessary steps and measures to procure his attendance as the law permits.

In the aforesaid period of three months or till the decision given in the light of the application, whichever is earlier, no coercive measures shall be adopted against the accused.

It is made clear that no application for extension of time shall be entertained if this order is not availed by the accused in the stipulated period of time. It is further clarified that this order has been passed only with regard to the accused on behalf of whom this application u/s 482 Cr.P.C. has been moved in this Court.

With the aforesaid observations this application is disposed of.

Order Date :- 31.1.2023

Gss