Yatendra Singh vs State Of U.P. And Another
2023 Latest Caselaw 8104 ALL

Citation : 2023 Latest Caselaw 8104 ALL
Judgement Date : 20 March, 2023

Allahabad High Court

Yatendra Singh vs State Of U.P. And Another on 20 March, 2023

Bench: Sadhna Rani (Thakur)




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 72
 
Case :- APPLICATION U/S 482 No. - 39636 of 2022
 
Applicant :- Yatendra Singh
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Ajay Kumar
 
Counsel for Opposite Party :- G.A.
 
Hon'ble Mrs. Sadhna Rani (Thakur),J.

Heard learned counsel for the applicant, learned A.G.A. and perused the record.

This application under Section 482 Cr.P.C. has been moved with a prayer to quash the judgment and order dated 23.08.2022 passed by the Additional Sessions Judge, Fast Track Court, Court No.3, District Bulandshahar in Criminal Revision No.171 of 2021 (Yatendra Singh Vs. State of Uttar Pradesh and another) as well as summoning order dated 06.08.2021 passed by the Civil Judge (Junior Divsion)/ Judicial Magistrate, Court No.1, District Bulandshahar in Complaint Case No.1031 of 2021 (Amar Singh Vs. Yatendra Singh) under Section 138 of Negotiable Instruments Act, 1881, P.S.- Kotwali Nagar, District Bulandshahar.

During argument, learned counsel for the applicant prayed that the instruction be issued to the trial court to decide his case in the light of judgement of Apex Court in Damodar S. Prabhu Vs. Sayed Babalal H, 2010 LawSuit (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 that court with an application explaining his grievances therein along with the certified copy of this order within a period of one month from today, the trial court shall be under obligation to decide the case of the present applicants 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 months from the date of producing the application by the applicant in the trial court.

For a period of three months from today only, no coercive action shall be taken against the applicant in the aforesaid case.

In case, the application is not moved by the applicant within one month from today, the interim order granted above shall vacate automatically.

Order Date :- 20.3.2023

Radhika