The single bench of Hon'ble Abdul Moin, J. dismissed the application under Section 482 of the CrPC after learning that the applicant intended to raise maintainability objections before the trial court, allowing the applicant the liberty to have those objections decided by the trial court.
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Neutral Citation No. - 2024:AHC-LKO:62702
Court No. - 11
Case :- APPLICATION U/S 482 No. - 8125 of 2024 Applicant :- Rajendra Prasad Tiwari Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home, Lko. And Others Counsel for Applicant :- Vinod Kumar Pandey,Suyash Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Abdul Moin,J.
Heard.
Shri Suyash Kumar Pandey, learned counsel for the applicant, after arguing the matter at some length states that he does not intend to press on with the instant application as he intends to raise certain objections before learned court below pertaining to maintainability of complaint under the provisions under the Negotiable Instruments Act, 1881 as had been filed by the respondent no. 2 and which is now being contested by the respondent no. 3 and prays that the said objections be directed to be decided in accordance with law.
Considering the aforesaid the application is disposed of with the aforesaid liberty.
Needless to mention that in case any legal objections are raised before learned trial court the same are expected to be decided in accordance with law provided there is no legal impediment.
Order Date :- 10.9.2024 J. K. Dinkar
Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench
Rajendra Prasad Tiwari
State Of U.P.
Abdul Moin
As recorded by the court registry
2 orders share this CNR
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