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2025 DAILYLAW 13213 (ALL)

LOCHAN SINGH v. STATE OF U.P. AND ANOTHER

NA529/187/2025 · 2025-02-04

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:16390 Court No. - 82 Case :- APPLICATION U/S 529 BNSS No. - 187 of 2025 Applicant :- Lochan Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Chandra Uttam,Shahid Karim Siddiqui 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 Additional Chief Judicial Magistrate, Court No. 2, Mathura to decide the proceedings of Complaint Case No. 90432 of 2023 (Lochan Singh Vs. Vijay Pal), under Section 138 Negotiable Instruments Act, Police Station Sadar Bazar, District Mathura 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 present case is pending at the stage of appearance of the accused- opposite party no. 2 and on account of non appearance of accused- opposite party no. 2 the case is lingering on unnecessarily. 4. Per contra, learned A.G.A. opposed the prayer. 5. I have considered the submissions and perused the entire record. From perusal of the record and order sheet, it reveals that the matter is pending at the stage of appearance of the accused- opposite party no. 2. Bailable warrant has been issued against him but he is not appearing. 6. Accordingly, the trial court is directed to procure the presence of the accused-opposite party no. 2 within a period of three months from the date of production of certified copy of this order before it. Further the applicant-complainant is directed to take steps in this matter if required in accordance with law and to assist the trial court. 7. With the above observations, the application stands disposed of. Order Date :- 5.2.2025 Rmk. Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad