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2025 DAILYLAW 113766 (ALL)

ARUN KUMAR YADAV v. STATE OF U.P. AND ANOTHER

A483/2544/2024 · 2025-02-07

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:18110 Court No. - 82 Case :- APPLICATION U/S 483 No. - 2544 of 2024 Applicant :- Arun Kumar Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Brijesh Kumar Singh 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 Civil Judge (Junior Division)/Judicial Magistrate, Rasra, District Ballia to decide the Complaint Case No. 88 of 2023 (Old No. 6307 of 2022) (Arun Kumar Yadav Vs. Santosh Verma), under Section 138 Negotiable Instruments Act, Police Station Rasra, District Ballia, 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 it is a complaint case pending since the year 2022 and summoning order was passed in the month of March, 2024. The accused-opposite party no. 2 is being summoned regularly but he did not appear in the court and non-bailable warrant was issued against him vide order dated 19.11.2024. 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 procure the presence of the accused-opposite party no. 2 for framing of charge within a period of two months from the date of production of certified copy of this order and subsequently after framing of charge, the learned trial court is also directed to make all the endeavours for expeditious disposal of the Complaint Case No. 88 of 2023 (Old No. 6307 of 2022) (Arun Kumar Yadav Vs. Santosh Verma), under Section 138 Negotiable Instruments Act, Police Station Rasra, District Ballia, 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 :- 7.2.2025 Rmk. Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad