Disposed

Firm Prakash Electricals v. State of U.P. and 2 Others

Allahabad HC12 Nov 2024A482/35279/2024

Case brief

AI extract

What is this about?

Application under Section 482 Cr.P.C. filed to direct the Court to conclude a Section 138 NI Act trial pending over three years due to police negligence in executing summons and bailable warrants. The court directed the Superintendent of Police to file an affidavit explaining the delay and action taken against erring officers.

What did the court decide?

Directed Superintendent of Police, Azamgarh to file personal affidavit regarding non-execution of warrants and action against erring officers.

Firm Prakash Electricals vs State of U.P. and 2 Others — Cheque Dishonour | Allahabad HC (2024)

¶1

Court No. - 79

¶2

Case :- APPLICATION U/S 482 No. - 35279 of 2024

¶3

Applicant :- Firm Prakash Electricals Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Anoop Baranwal Counsel for Opposite Party :- G.A.

¶4

Hon'ble Arun Kumar Singh Deshwal,J.

¶5

Supplementary affidavit filed today is taken on record.

¶6

Heard Sri Anoop Baranwal, learned counsel for applicant, Sri Pankaj Saxena, learned A.G.A for the State and perused the record.

¶7

The instant application under Section 482 Cr.P.C. has been filed to direct the Civil Judge (J.D.)/Judicial Magistrate, Court No.19, Azamgarh to conclude the trial of Criminal Complaint Case No.4072 of 2020 (Now Case No.4243 of 2024) (Firm Prakash Electricals Vs. Noral Hasan), under Section 138 N.I. Act, P.S. Kotwali, District Azamgarh, within a stipulated period.

¶8

From perusal of order sheet, it appears that summons were issued in this case on 22.03.2021, thereafter, bailable warrants were issued on different dates, but presence of accused could not be ensured neither the summons were returned, then learned Magistrate had issued bailable warrants on 05.03.2024, which was again followed on 22.05.2023, 05.07.2023, 22.08.2023, 05.09.2023, which remained continuous more than twenty dates till today, but bailable warrant has not been executed against the accused by police, which shows the negligence of police for nonexecution of bailable warrant as well as summons and for this reason trial of this case is pending for more than three years though as per Section 143 N.I. Act, trial under the Negotiable Instruments Act should be completed within six months.

¶9

Under these circumstances, Superintendent of Police, Azamgarh is directed to file his personal affidavit showing reason as to why bailable warrant has not been executed against accused persons in Complaint Case No.4072 of 2020 (Now Case No.4243 of 2024) (Firm Prakash Electricals Vs. Noral Hasan), under Section 138 N.I. Act, P.S. Kotwali, District Azamgarh, despite the fact that more than three years has passed and number of occasions learned Magistrate has issued summons as well as bailable warrant. In his affidavit, Superintendent of Police, Azamgarh will also inform the

¶10

Court that what action he has taken against the erring police officer for non-execution of summons as well as bailable warrant.

¶11

Put up this case on 27.11.2024, as fresh along with Application U/S 482 No.32881 of 2024.

¶12

Order Date :- 12.11.2024 Atul

¶13

Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad

Firm Prakash Electricals v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Firm Prakash Electricals v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Vijay Shankar vs Chief Revenue Officer Additional Collector Land and Revenue and 9 Others

Sonpal Singh and 2 Others vs State of Up and Another

Gaurav Saini @ Gaurav vs State of U.P. and Another

Saroj Yadav vs State of Up and 7 Others

Vijay Tahlani vs State of U.P. and Another

Suchit Pandey and Another vs State of Up and 3 Others