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2025 DAILYLAW 112505 (ALL)

MAN MOHAN SINGH v. STATE OF U.P. AND ANOTHER

A483/2518/2024 · 2025-05-15

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:81782 Court No. - 80 Case :- APPLICATION U/S 483 No. - 2518 of 2024 Applicant :- Man Mohan Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Akhilesh Kumar Shukla 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 the Case No. 68 of 2022 (Man Mohan Singh Vs. Heera Singh), under Section 138 N.I. Act, Police Station Sadabad, District Hathras, pending before the learned Additional Judicial Magistrate, Sadabad, Hathras, 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 summoning order was passed in the year 2022. It is further submitted that the accused-opposite party no. 2 has appeared before the court but however, no effective proceeding is being taken by the trial court and the accused-opposite party no. 2 is not cooperating with the trial. 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 make all the endeavour to decide Case No. 68 of 2022 (Man Mohan Singh Vs. Heera Singh), under Section 138 N.I. Act, Police Station Sadabad, District Hathras, pending before the learned Additional Judicial Magistrate, Sadabad, Hathras, as expeditiously as possible, preferably within a period of six months from the date of production of certified copy of this order before it, without granting any unnecessary adjournment to either of the parties and keeping in view the object and mandate of the said Act, 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 :- 16.5.2025 Rmk. Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad