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ONKARESHWAR BHATT, O.P.GARG
OM PRAKASH – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel of the Parties :
Rajiv Gupta and Dilip Kumar, for the petitioner. A.G.A., for the respondents.

JUDGMENT

O.P. Garg, J. - This writ petition under Article 226 of the Constitution of India has been preferred with unusual prayers that the proceedings in complaint cases Nos. 627 of 2000, 42 of 2001, 36 of 2001 and some others under Section 138 of the Negotiable Instruments Act (hereinafter referred to as `the Act') instituted by opposite parties Nos. 2 and 3 in respect of which the petitioner has received summons for appearance in the Court of Judicial Magistrate II, Salem, State of Tamil Nadu be stayed; the concerned Magistrate be prohibited from taking cognizance of the said complaint cases; the said cases may be required to be transferred to the concerned Criminal Court at varanasi and appropriate investigating agency at Varanasi be directed to register the First Information Report of the petitioner on the basis of his various applications, copies of which have been annexed as Annexures VI, VII, IX and XV to the writ petition.

2. The woodcut profile of the case as is disclosed from the various averments made in the writ petition is that the petitioner and the opposite parties Nos. 2 and 3, who originally lived at Varanasi had thick bond of friendship and family ties; they had

























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