VARDAN CONSTRUCTION THROUGH ITS PROPRIETOR SHRESHTH SAHU v. State of U.P. AND ANOTHER
A483/2116/2024 · 2025-05-04
Nalin Kumar Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 107548 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 107548 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:71465 Court No. - 80 Case :- APPLICATION U/S 483 No. - 2116 of 2024 Applicant :- Vardan Construction Through Its Proprietor Shreshth Sahu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vijay Singh Sengar Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J.
1. This application under Section 483 Cr.P.C. has been filed with a prayer to direct the learned trial court to decide Case No. 333 of 2022 (Shershth Sahu Vs. Ratan Lal Ahirwar), under Section 138 N.I. Act, Police Station Sadar Bazar, District Jhansi, pending before the Additional Civil Judge (Junior Division), Court No. 5//Judicial Magistrate, Jhansi, expeditiously within a stipulated period.
2. Heard learned counsel for the applicant as well as learned A.G.A. for the State.
3. It is submitted by the learned counsel for the applicant that the applicant before this Court is complainant and the case under Section 138 N.I. Act is pending since the year 2022 but no effective proceeding is being taken by the trial court.
4. Learned AGA opposed the prayer.
5. I have considered the submissions and perused the record.
6. In the facts and circumstances of the case, the learned trial court is directed to take effective steps to decide Case No. 333 of 2022 (Shershth Sahu Vs. Ratan Lal Ahirwar), under Section 138 N.I. Act, Police Station Sadar Bazar, District Jhansi, pending before the Additional Civil Judge (Junior Division), Court No. 5//Judicial Magistrate, Jhansi as expeditiously as possible, preferably within a period of six months from the date of production of certified copy of this order without granting any unnecessary adjournment to either of the parties, if there is no legal impediment.
7. It is also made clear that the Court/Presiding Officer is not the only stake holder in the trial and disposal of a case, hence, besides
the P.O. concerned, all the stake holders i.e. police and execution authorities, advocates, parties to the case, staff are also made bound by this order and it will be their responsibility also to assist the Court in every manner for the expeditious disposal of this case.
8. With the above observations, the application stands disposed of. Order Date :- 5.5.2025 Rmk. Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad