Shashi Agarwal and Another vs State of U.P Thru. Prin. Secy. Home Govt. Lko. and Another

Court No. - 15

Case :- APPLICATION U/S 482 No. - 4815 of 2024

Applicant :- Shashi Agarwal And Another Opposite Party :- State Of U.P Thru. Prin. Secy. Home Govt. Lko. And Another Counsel for Applicant :- Ashok Kumar Rai,Ashish Jaiswal,Surendra Pal Singh Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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Heard learned counsel for the applicants and learned A.G.A. for respondent State.

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Issue notice to respondent no.2 returnable at an early date.

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Learned counsel for the applicants submits that the impugned cognizance and summoning order has been issued without application of mind and without taking notice of the fact that the complaint filed before the learned court below, on which cognizance has been taken, has not been signed by the complainant.

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He further submits that the statement of the complainant accompanied by his affidavit also shows that the deponent of the Affidavit i.e. the complainant is not identified by the Advocate concerned. He submits that mechanically the proceedings have been initiated and summoning orders have been issued against the complainant.

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Issuing summons is very serious matter. Learned Magistrate ought to have vigilant while passing the order impugned dated 22.11.2023.

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Perused the record. Perusal of the complaint prima facie shows that it is not signed by the complainant.

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Let report be summoned from the Additional court, Room No.9 Lucknow.

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List on 18.6.2024.

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Till the next date of listing, the impugned proceeding of Complaint No.24420 of 2023 under Section 138 of N.I.Act pending before the Corut of Additional Court, Room No.9 Lucknow and summoning order dated 22.11.2023, shall remain stayed.

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Order Date :- 25.5.2024

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Madhu

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Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench

Shashi Agarwal and Another v. State of U.P Thru. Prin. Secy. Home Govt. Lko. and Another

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Shashi Agarwal and Another v. State of U.P Thru. Prin. Secy. Home Govt. Lko. and Another

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