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2025 DAILYLAW 13385 (ALL)

KAILASH MOURYA v. STATE OF U.P. AND ANOTHER

A483/176/2025 · 2025-05-05

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:72258 Court No. - 80 Case :- APPLICATION U/S 483 No. - 176 of 2025 Applicant :- Kailash Mourya Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pramod Kumar Sahani 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 Complaint Case No.352 of 2014 (Kailash Mourya Vs. Kamal Singh Mourya), under Section 138 of Negotiable Instruments Act, Police Station Kotwali Ghosi, District Mau, pending before the learned Additional Judicial Magistrate, Court No. 4, Mau, 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. It is further submitted that after passing of the summoning order dated 12.09.2014, the case is pending at the stage of appearance of the accused-opposite party no. 2 who is absconding and non-bailable warrant has been issued against him. 4. Learned A.G.A. opposed the prayer. 5. I have considered the submissions and perused the record. It reveals from the perusal of the order sheets that the present case is pending at the stage of appearance of the accused-opposite party no. 2. It is reminded that the criminal courts are never toothless or powerless to ensure compliance of its own orders by the concerned police and administrative authorities. They have got ample powers for the same in the law itself. The trial court is expected to invoke its power to ensure service of process upon the accused persons, which is sent under its seal and order in order to procure the presence of the accused. 6. In the facts and circumstances of the case, the learned trial court is directed to take effective steps for procuring the presence of accused-opposite party no. 2 within a period of two months from today and to make all the endeavours to decide Complaint Case No.352 of 2014 (Kailash Mourya Vs. Kamal Singh Mourya), under Section 138 of Negotiable Instruments Act, Police Station Kotwali Ghosi, District Mau, pending before the learned Additional Judicial Magistrate, Court No. 4, Mau, as expeditiously as possible, preferably within a period of six months from the date of production of certified copy of this order without granting 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 :- 6.5.2025 Rmk. Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad