Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:52872 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 246 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. Heard learned counsel for the applicant and learned A.G.A. for the State are present.
2. This application under Section 529 BNSS has been filed with a prayer to direct the court concerned to expedite the Complaint Case No.142317 of 2021, under Section 138 N.I. Act (Ratnesh Vs. Abdul Karim), Police Station Kotwali, District Gorakhpur, pending in the court of learned Additional Chief Judicial Magistrate-I, Gorakhpur, expeditiously within a stipulated period.
3. It is submitted by the learned counsel for the applicant that the applicant is the complainant in the present case.
4. I have considered the submissions and perused the entire record.
5. It appears from the perusal of the record that the complaint case was filed in the year 2022 and the summoning order was passed on 08.02.2023 and since then the matter is pending at the stage of the appearance of opposite party no.2.
6. In the circumstances, the Court concerned is directed to take all possible measures to procure the presence of the accused / opposite party no. 2 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.
7. It is also made clear that the Court / Presiding Officer is not the only stake holder of 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 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.
8. With the above observations, the application stands disposed of.
Order Date :- 8.4.2025 Shivangi Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad