Mahesh Singh vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko and Another

Court No. - 11

Case :- APPLICATION U/S 482 No. - 10312 of 2024

Applicant :- Mahesh Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And Another Counsel for Applicant :- Rama Kant Dixit,Ram Vishal Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Rajesh Singh Chauhan,J.

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Heard Sri Ram Vishal Tripathi, learned counsel for the applicant and Sri Anurag Verma, learned AGA for the State.

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Issue notice to opposite party no. 2 returnable at an early date.

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Steps within a week.

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Office to proceed accordingly.

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In addition to regular notice Dasti summons be issued to the learned counsel for the applicant to be served on opposite party outside the court.

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By means of this petition the applicant has assailed the order dated 18.9.2024 passed by the Revisional Court rejecting the revision of the applicant which was filed against the order dated 6.1.2022 passed by the Additional Civil Judge (J.M.), Court no. 2, Bahraich in Complaint Case no. 39894 of 2021 whereby the learned trial court issued summon against the present applicant.

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Learned counsel has stated that while filing the petition u/s 138 of N.I. Act the specific time frame which has been indicated u/s 138 N.I. Act has not been followed and the trial court as well as the revisional court ignored the aforesaid fact.

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Let the objection / counter affidavit be filed within ten days.

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List on 3.12.2024 as fresh.

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Till the next date of listing no coercive steps shall be taken against the present applicant.

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It is made clear that the aforesaid interim protection may be extended on the next date only after hearing the counsel for the parties.

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Order Date :- 18.11.2024 Om

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Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench

Mahesh Singh v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko and Another

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Mahesh Singh v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko and Another

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