RAM RAHIM BRICK FIELD KALYANPUR KHAS v. SUNIL KUMAR AGARWAL
NA529/504/2025 · 2025-03-18
Nalin Kumar Srivastava
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 12947 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 12947 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:39323 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 504 of 2025 Applicant :- Ram Rahim Brick Field Kalyanpur Khas Opposite Party :- Sunil Kumar Agarwal Counsel for Applicant :- Navnath Pandey,Varunesh Shukl 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. 5965 of 2022, under Section 138 Negotiable Instruments Act, Police Station Jahanabad, District Pilibhit pending in the Court of Civil Judge (JD)/ FTC (Crime Against Woman), Pilibhit, 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 summoning order in the matter was passed and the opposite party was summoned to face trial under Section 138 Negotiable Instruments Act. It is also submitted that despite issuance of punitive processes, the accused / opposite party is not appearing before the Court concerned. The Court concerned is not taking proper interest to decide the said case. Applicant in this case has suffered huge monetary loss. The accused is not cooperating with the case.
4. I have considered the submissions and perused the entire record.
5. In the circumstances, the Court concerned is directed to invoke the powers given to it under law to ensure the presence of the accused / opposite party by sending appropriate process to him within two months from the date of production of certified copy of this order before it and thereafter all endeavours shall be made by it for expeditious disposal of the case, if there is no legal impediment.
6. 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 executive authorities, counsels, parties to the case, staff etc. 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.
7. With the above observations, the application stands disposed of. Order Date :- 19.3.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad