Swaraj Singh Nagar v. State of U.P. and Another
Case brief
What is this about?
In an application under Section 482 Cr.P.C., the High Court directed the concerned court to decide a pending case under Section 138 Negotiable Instrument Act expeditiously, preferably within eight months, without unnecessary adjournments.
What did the court decide?
Directed the court below to decide the case strictly in accordance with law most expeditiously and preferably within eight months without unnecessary adjournments.
What the court decided
Neutral Citation No. - 2023:AHC:165554
Court No. - 4
Case :- APPLICATION U/S 482 No. - 25497 of 2023
Applicant :- Swaraj Singh Nagar Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Abhishek Kumar Shukla,Amit Kumar Kushwaha Counsel for Opposite Party :- G.A.
Hon'ble Prakash Padia,J.
- Heard learned counsel for the applicant and learned A.G.A for the State-respondent.
- The only prayer made in the present application under Section 482 Cr.P.C. to direct the Court below to decide the Complaint Case No.316 of 2018 (Swaraj Singh Nagar Vs. Amtit Goswami and another) Under Section 138 Negotiable Instrument Act, Police Station Bita-II, District Gautam Budh Nagar, expeditiously.
- In view of the order proposed to be passed herein, no useful purpose would be served by putting the opposite party to notice and keeping this petition pending before this Court. However, in case the opposite party feels aggrieved by the order his/her right to seek modification/variation of the order is being kept reserved.
- In the facts and circumstances of the case, the present application under Section 482 Cr.P.C. is disposed of directing the court concerned to decide the aforesaid case strictly in accordance with law most expeditiously and preferably within a period of eight months but without grant any unnecessary adjournment unless there is no legal impediment.
Issues for consideration
2 issues framed by the court
Whether to direct the court below to decide the pending proceeding under Section 138 NI Act expeditiously under Section 482 Cr.P.C.
Whether to fix a time limit for the disposal of the complaint case.
Parties & counsel
- applicant
Swaraj Singh Nagar
- respondent
State Of U.P.
Coram
Prakash Padia
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · August
- Registered
- Case no.
- A482/25497/2023
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