Mohd. Aleem Khan Vs State of U.P. Thru. Prin. Secy… — Cheating and Forgery | Allahabad HC (2025)

Mohd. Aleem Khan Vs State of U.P. Thru. Prin. Secy… — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Liberty to the petitioner to move an application for pressing his application for interim relief before the concerned court on the date fixed; the concerned court directed to consider such application in accordance with law on the date fixed or expeditiously thereafter; issuance of notice to respondent no.2 dispensed with.

Issue for consideration

Whether, given that no interim order had yet been passed in the admitted revision and the case was fixed for the following day, the petitioner should be permitted to press his pending application for interim relief (stay) before the court below.

Court's answer

Without entering into the merits of the case, the petition is disposed of, with liberty to the petitioner to move an application for pressing his application for interim relief before the concerned court on the date fixed.

Ratio / Principle

In case such an application is moved, the concerned court shall proceed to consider the application for interim relief in accordance with law on the date fixed or expeditiously thereafter.

Key takeaways

Considering the nature of the order proposed to be passed, the requirement of issuance of notice to respondent no.2 was dispensed with.ratio¶8

Detailed headnote1 paragraphs

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH — Application U/S 482 No. 5223 of 2025, Mohd. Aleem Khan v. State of U.P., decided 1.7.2025 (Rajnish Kumar, J.; Neutral Citation 2025:AHC-LKO:36876). The applicant had filed a revision, along with an application for stay of proceedings, against the order dated 27.02.2025 passed in Complaint Case No.896/2016 (Old Case No.2882/2016), Abban versus Ajaz & Anr., under Section 406 IPC (P.S. Kotwali Nagar, District Bahraich); the revision stood admitted with notices issued, but no interim order had been passed and the case was fixed for the following day. Considering the nature of the order proposed, notice to respondent no.2 was dispensed with, and without entering into the merits the High Court disposed of the petition with liberty to the applicant to press his application for interim relief before the court below on the date fixed; the concerned court was directed to consider such application in accordance with law on the date fixed or expeditiously thereafter, it having been informed that a Vakalatnama had been filed on behalf of respondent no.2.

Neutral Citation No. - 2025:AHC-LKO:36876

Court No. - 12

Case :- APPLICATION U/S 482 No. - 5223 of 2025

Applicant :- Mohd. Aleem Khan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Mohemmed Amir Naqvi,Abhishek Srivastava Counsel for Opposite Party :- G.A.

Hon'ble Rajnish Kumar,J.

Heard Sri Abhishek Srivastava, learned counsel for the petitioner and learned AGA.

Learned counsel for the petitioner submits that the petitioner has filed a revision against the order dated 27.02.2025 passed in Complaint Case No.896/2016(Old Case No.2882/2016) Abban versus Ajaz & Anr. under Section 406 IPC, Police Station Kotwali Nagar, District Bahraich alongwith application for stay of the proceedings of the court below. The revision has been admitted and the notices have been issued but no interim order has been passed. He further submits that the case is fixed tomorrow. However, on a query being put,learned counsel for the petitioner failed to indicate as to whether the application for interim relief was pressed on the previous dates before the concerned court or not.

Considering the nature of order proposed to be passed, requirement of issuance of notice to the respondent no.2 is dispensed with.

In view of above and without entering into the merits of the case, the petition is disposed of with liberty to the petitioner to move application for pressing his application for interim relief before the concerned court on the date fixed.

In case any such application is moved, the concerned court shall proceed to consider the application for interim relief in accordance with law on the date fixed or expeditiously thereafter as it has been informed by learned counsel for the applicant that Vakalatnama has been filed on behalf of respondent no.2.

Order Date :- 1.7.2025 Akanksha Sri/-

Digitally signed by :- AKANKSHA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench