Dismissed

Avikshit Singh v. State of U.P. and 2 Others

Allahabad HC16 Oct 2024A482/33095/2024

Case brief

AI extract

What is this about?

Application under Section 482 sought directions to a Kanpur Magistrate to expedite a pending cheque-dishonour complaint. Police affidavit showed the parties had compromised, the complaint was withdrawn under Section 257 Cr.P.C., and a negligent Sub-Inspector faced disciplinary action. The Court declined to pass further orders and dismissed the application as withdrawn.

What the court decided

AI extract

Avikshit Singh vs State of U.P. and 2 Others — Cheque Dishonour | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:177532

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Court No. - 79

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Case :- APPLICATION U/S 482 No. - 33095 of 2024

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Applicant :- Avikshit Singh Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Manoj Kumar Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Arun Kumar Singh Deshwal,J.

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Counter affidavit filed by learned A.G.A. on behalf of State is taken on record.

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Heard Sri Manoj Kumar Tiwari, learned counsel for the applicant and Sri Pankaj Saxena, learned A.G.A. for the State -respondents.

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The instant application has been moved on behalf of the applicant to direct the learned Special Chief Judicial Magistrate, Kanpur Nagar to decide the Complaint Case No.39435 of 2017 (Avikshit Singh Vs. Saif Malik and another), under Section 138 of N.I. Act, Police Station Panki, District Kanpur Nagar, within stipulated period.

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In pursuance of the earlier order dated 22.10.2024, learned A.G.A. has filed compliance affidavit sworn by Commissioner of Police, Kanpur Nagar. In the affidavit, it is specifically mention that before the non-bailable warrant could be executed on the new address of the opposite party no.2, it was found that the applicant and opposite party no.2 had entered into compromise and applicant has also filed an affidavit to withdraw his complaint. It is further mentioned in the aforesaid affidavit that preliminary enquiry was also conducted to fix the responsibility for the negligence in execution of non-bailable warrant and process under Section 82 & 83 Cr.P.C. and prima-facie one Sub-Inspector Ajay Kumar posted at police station Panki, District Kanpur Nagar has been found guilty for the negligence and consequently a show cause notice dated 03.11.2024 was also issued to him.

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From the aforesaid order, it is also clear that the address on which the summon, bailable warrant and non-bailable warrant and process under Section 82 & 83 Cr.P.c. was issued was not the correct address and as soon as police came to know the correct and

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present address of the opposite party no.2, police immediately moved an application before the concerned Magistrate seeking issuance of process on the correct address then it was found that the parties have settled their dispute and complaint was also withdrawn under Section 257 Cr.P.C. by the applicant.

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In such circumstances, this Court finds that there is no need to pass any further order. However, it is expected from the Commissioner of Police, Kanpur Nagar to take appropriate action if delinquent Sub-Inspector is found guilty. It is made clear that this Court has not made any observation against the concerned Sub-Inspector. It is up to the Higher Authorities to see whether he was guilty or not.

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Learned counsel for the applicant has submitted that he has already withdrawn his complaint, therefore, he may be permitted to withdraw the present case.

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In view of the above, the present application is dismissed as withdrawn.

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Order Date :- 12.11.2024 Jitendra

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Digitally signed by :- JITENDRA KUMAR PATEL High Court of Judicature at Allahabad

Avikshit Singh v. State of U.P. and 2 Others

Case brief

What is this about?

What the court decided

Avikshit Singh v. State of U.P. and 2 Others

Case brief

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What the court decided

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