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2025 DAILYLAW 105962 (ALL)

LAXMI DEVI v. STATE OF U.P. AND ANOTHER

NA529/1965/2024 · 2025-04-28

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:66605 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1965 of 2024 Applicant :- Laxmi Devi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Thakur Prasad Dubey Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. This application under Section 529 BNSS has been filed with a prayer to direct the court concerned to decide the Complaint Case No.247 of 2019 under Section 138 Negotiable Instruments Act, Police Station- Maudaha, District- Hamirpur pending in the Court of Civil Judge (J.D.) Maudaha, Hamirpur expeditiously within stipulated period. 2. Heard learned counsel for the applicant as well as learned A.G.A. for the State. 3. Learned counsel for the applicant who wants expeditious disposal of the case under Section 138 Negotiable Instruments Act made a false statement before the Court that the case is pending at the stage of recording the statement of accused whereas perusal of the order sheets reveals that the statement of accused has already been recorded and the matter is pending at the evidence of applicant himself. 4. Learned AGA opposed the prayer. 5. I have considered the submissions and perused the record. 6. The applicant before this Court is the informant of the case and since the case is fixed for evidence and normally it starts with the deposition of P.W.1/ informant, who himself is appearing before this Court seeking relief for expeditious disposal of the case. No relief is granted in this matter because it is he, who has to appear before the Court as first witness. 7. With the above observations, the application is dismissed. Order Date :- 29.4.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad