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2025 DAILYLAW 16506 (ALL)

RATNESH GOYEL v. STATE OF U.P. AND ANOTHER

NA529/214/2025 · 2025-05-05

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:72294 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 214 of 2025 Applicant :- Ratnesh Goyel Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manoj Kumar Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. This application under Section 529 Bhartiya Nagrik Suraksha Sanhita (hereinafter referred to as B.N.S.S.) has been filed with a prayer to direct the learned trial court to decide Complaint Case No. 5018 of 2020 (Ratnesh Vs. Vipin), under Section 138 N.I. Act, Police Station Kotwali, District Gorakhpur, pending before the court of Additional Chief Judicial Magistrate-II, 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 before this Court is complainant of this case. It is further submitted that the present case is pending since the year 2020 at the stage of appearance of accused-opposite party no. 2 but he is not appearing in the court. 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 for expeditious disposal of Complaint Case No. 5018 of 2020 (Ratnesh Vs. Vipin), under Section 138 N.I. Act, Police Station Kotwali, District Gorakhpur, pending before the court of Additional Chief Judicial Magistrate- II, Gorakhpur, 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 Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad