Allahabad High Court

Shivmangal Gupta Gandhi vs State Of U.P. And Another on 1 May, 2025





HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2025:AHC:69133
 
Court No. - 73
 

 
Case :- APPLICATION U/S 528 BNSS No. - 5098 of 2025
 

 
Applicant :- Shivmangal Gupta Gandhi
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Ganesh Mani,Sugandha Yadav,Vinod Kumar Yadav
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Vikas Budhwar,J.

1. Sri Vinod Kumar Yadav, learned counsel for the applicant, on instructions, submits that though the application has been preferred to quash the impugned summoning order dated 17.10.2014 along with N.W.B. dated 18.10.2024 and 82 Cr.P.C. dated 02.12.2024 passed by learned Court of Civil Judge (J.D.)/Judicial Magistrate, Kushinagar at Padrauna as well as entire criminal per US 138. proceeding of Complaint case no. 791 of 2014 (Ramesh Kushwaha Vs. Shiv Mangal), pending before the learned Court of Civil Judge (J.D.)/Judicial Magistrate, Kushinagar at Padrauna, however, he confines his relief for compounding under Section 147 of the N.I. Act in view of the judgement in Damodar S Prabhu Vs Sayed Babalal reported in AIR 2010 SC 1907.

2. Learned A.G.A. has no objection to the same.

3. Considering the submissions raised at the Bar, the application stands disposed of granting liberty to the applicant to prefer appropriate application for compounding under Section 147 of N.I. Act by 09.05.2025 and on the submission of the same, the court below shall decide the same within 45 days and, in case, such proceeding is preferred before the court concerned, then this Court has no reason to disbelieve that the same shall be decided with most expedition strictly in terms of the judgment passed in Damodar S Prabhu (supra).

4. Till application be decided of 45 days, no coercive action shall be taken against the applicant with respect to exempt the certified copy of impugned summoning order dated 17.10.2014.

5. The protection accorded to the applicants is only available subject to compliance of the terms and conditions and timeline as provided herein and in case of default, the order shall stand vacated without reference to the Bench.

Order Date :- 1.5.2025

Rajesh