Disposed

Riyasat Ali and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Allahabad HC13 Oct 2025A482/3777/2024

Case brief

AI extract

What is this about?

Keywords: Section 200 Cr.P.C. examination of complainant upon oath; non-examination of complainant no.2; quashing of summoning order dated 06.05.2022; complaint/criminal case under Section 138 N.I. Act; P.S.-Alambagh; Additional Court No.-11 Lucknow; Magistrate Additional Court No.-11; death certificate of complainant Smt. Geeta Devi (died 2.4.2023); supplementary affidavit taken on record; interi

What did the court decide?

Notice ordered to opposite party no.2, returnable at an early date; until the next date of listing, further proceedings in the aforesaid Criminal Case No. 7327/2022 shall remain stayed. Matter to be l

Riyasat Ali and Another vs State of U.P. Thru. Prin… — Cheque Dishonour | Allahabad HC (2025)

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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APPLICATION U/S 482 No. - 3777 of 2024

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Riyasat Ali And Another

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.....Applicant(s)

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Versus

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State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s)

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Counsel for Applicant(s) : Vinay Kumar Singh Counsel for Opposite Party(s) : G.A.

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Court No. - 16

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HON'BLE BRIJ RAJ SINGH, J.

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Heard learned counsel for the applicants, learned AGA for the State and perused the record. Supplementary affidavit filed today is taken on record.

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The present application has been filed with the following main prayer:

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"(i) Issue an order or directions for quashing the entire proceeding of summoning order dated 06.05.2022 passed in Complaint case no.7327/2022 U/s-138 N.I. Act, P.S.-Alambagh passed by the learned Magistrate Additional Court No.-11 Lucknow.

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(ii) Issue an order or directions for quashing the entire proceeding of in Criminal Case No. 7327/2022 U/s-138 N.I. Act, P.S.-Alambagh passed by the learned Magistrate Additional Court No.-11 Lucknow."

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It has been submitted by learned counsel for the applicants that opposite party no.2 and his wife Smt. Geeta Devi filed complaint on 2.2.2022 and thereafter the statement of opposite party no.2 was recorded on 2.2.2022. However, no statement of Smt. Geeta Devi, who is complainant no.2 in the complaint, has been recorded by the court below under Section 200 Cr.P.C., but summons have been issued on 6.5.2022 which is in clear violation of Section 200 Cr.P.C., wherein it is provided that a Magistrate taking cognizance of an offence on complaint shall examine upon oath the complainant and the witnesses present. He has submitted that the complainant Smt. Geeta Devi has not been examined under Section 200

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A482 No. 3777 of 2024

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Cr.P.C., therefore, the summons issued is illegal and the same cannot stand in the eyes of law. Learned counsel for the applicants has annexed a copy of death certificate of Smt. Geeta Devi along with the supplementary affidavit, which indicates that she died on 2.4.2023 whereas summons have been issued on 6.5.2022.

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The matter requires consideration.

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

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List after service of notice.

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Till the next date of listing, further proceedings in the aforesaid case shall remain stayed.

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(Brij Raj Singh,J.)

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October 15, 2025

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Sachin

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Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench

Riyasat Ali and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

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Riyasat Ali and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

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