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Neutral Citation No. - 2025:AHC:72208 Court No. - 80 Case :- APPLICATION U/S 483 No. - 171 of 2025 Applicant :- Shivam Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Renu Sharma 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 Complaint Case No. 25959 of 2022 (Shivam Vs. Shailesh Yadav), under Section 138 N.I. Act, Police Station Cantt, District Gorakhpur, pending before the court of learned Chief Judicial Magistrate, Court No. 3, Gorakhpur, 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 is the complainant. It is further submitted that the accused-opposite party no. 2 had appeared in the court and was granted bail by the trial court and the said case is pending since the year 2022 at the stage of recording of statement of the accused- opposite party no. 2 but the trial court has not recorded his statement so far.
4. Learned A.G.A. 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 record the statement of the accused-opposite party no. 2 within one month from today and to make all the endeavour for expeditious disposal of Complaint Case No. 25959 of 2022 (Shivam Vs. Shailesh Yadav), under Section 138 N.I. Act, Police Station Cantt, District Gorakhpur, pending before the court of learned Chief Judicial Magistrate, Court No. 3, Gorakhpur, 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