Om Prakash Sharma and Another Vs State of U.P. Thru. the Prin. Secy. Deptt. of Home, Lko. and 3 Others

Neutral Citation No. - 2025:AHC-LKO:15867

Court No. - 12

Case :- APPLICATION U/S 482 No. - 1533 of 2025

Applicant :- Om Prakash Sharma And Another Opposite Party :- State Of U.P. Thru. The Prin. Secy. Deptt. Of Home, Lko. And 3 Others Counsel for Applicant :- Umesh Chandra Chaturvedi,Ved Prakash Singh Counsel for Opposite Party :- G.A.

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Alongwith

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(1) Case :- APPLICATION U/S 482 No. - 1539 of 2025

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Applicant :- Om Prakash Sharma And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home U.P. Lko. And 3 Others Counsel for Applicant :- Umesh Chandra Chaturvedi Counsel for Opposite Party :- G.A.

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(2) Case :- APPLICATION U/S 482 No. - 1772 of 2025

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Applicant :- Om Prakash Sharma And Another Opposite Party :- State Of U.P. Thru. The Prin. Secy. Deptt. Of Home Lko. And 3 Others Counsel for Applicant :- Umesh Chandra Chaturvedi Counsel for Opposite Party :- G.A.

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Hon'ble Alok Mathur,J.

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Heard Sri Umesh Chandra, learned counsel for the applicants as well as learned A.G.A. for the opposite parties.

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Since facts of the aforesaid cases are same, all the three cases are being heard collectively and are disposed of with this common order.

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It has been submitted by learned counsel for the applicants that proceedings under Section 138 of the Negotiable Instruments Act have been initiated against opposite party no. 4 by the applicants and had filed a complaint case being Case No. 6736 of 2018 i the Court of Special Chief Judicial Magistrate (Customs), Lucknow. The trial Court had summoned opposite party no. 4 by means of order dated 12.12.2019 and again on 27.05.2022 by issuing bailable warrant and subsequently numerous bailable warrants against opposite party no. 4, but the compliance of the same had not been made by the Police Authorities of Ghaziabad and consequently, applicants filed the present application under Section 482 Cr.P.C. seeking direction to the opposite parties to ensure compliance of bailable/non bailable warrants issued in Case No. 6736 of 2018 - M/S Lucknow Agency Vs. Naveen Kumar Sharma, under Section 138 of Negotiable Instruments Act.

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It is in the aforesaid circumstances that summons as well as bailable warrants, issued by the Special Chief Judicial Magistrate (Customs),

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Lucknow could not be executed by the Ghaziabad Police and consequently, this Court taking serious note of the aforesaid facts, by means of order dated 18.02.2025, had directed the Superintendent of Police, Ghaziabad to file personal affidavit explaining as to why the Police has failed to serve bailable warrants issued by the Court.

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In compliance of the directions of this Court dated 18.02.2025, personal affidavit has been filed by one Sri Ajay Kumar Mishra, Police Commissioner, Ghaziabad. In the personal affidavit it has been stated that summons were to be served upon Naveen Kumar Sehgal, R/o 5/1401, Orange County, Indira Puram, Ghaziabad, but it was found that he lived in the said premises only from 01.10.2017 till 31.08.2018 and presently one Nipun Mehra is living in the said premises. It has been admitted that one of the summons were duly received on 30.03.2023, but there was delay in service of the said summons and accordingly, concerned Police officials including the Station House Officer have been proceeded against departmentally. It has been further stated in the affidavit that disciplinary proceedings have also been initiated against the concerned Police Officials who have been found to be wanting in discharge of their duties/service of summons.

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Learned Counsel for the petitioner does not contest the aforesaid facts and submits that he will provide the trial Court with the current address and other details of opposite party no. 4.

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Accordingly, in the light of the fact that accused is not living at the premises indicated by the applicants in their complaint, no direction as has been sought by the applicants can be passed in the present application.

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In view of above, present application under Section 482 Cr.P.C. is disposed of with liberty to the applicants to move an application before the trial Court, providing current address of other details of opposite party no. 4, so that summons can be served upon him in accordance with law.

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Order Date :- 19.3.2025 A. Verma

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(Alok Mathur, J.)

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Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench

Om Prakash Sharma and Another v. State of U.P. Thru. the Prin. Secy. Deptt. of Home, Lko. and 3 Others

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Om Prakash Sharma and Another v. State of U.P. Thru. the Prin. Secy. Deptt. of Home, Lko. and 3 Others

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