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2025 DAILYLAW 17280 (ALL)

ASTHA AGRAWAL v. STATE OF U.P. AND ANOTHER

NA529/242/2025 · 2025-03-03

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:30600 Court No. - 82 Case :- APPLICATION U/S 529 BNSS No. - 242 of 2025 Applicant :- Astha Agrawal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sarthak Verma Counsel for Opposite Party :- Fuzail Ahmad Ansari Hon'ble Nalin Kumar Srivastava,J. 1. List has been revised. Learned counsel for the applicant and learned A.G.A. for the State are present. No one is present on behalf of opposite party no. 2. 2. This application under Section 483 Cr.P.C. has been filed with a prayer to direct the learned Additional Civil Judge (Senior Division), Court No. 5/A.C.J.M., Firozabad to decide the Complaint Case No. 9763 of 2023 (Astha Agrawal Vs. S.P.G. Global Limited), under Section 138 Negotiable Instruments Act, Police Station North Firozabad, District Firozabad, expeditiously within a stipulated period. 3. Heard learned counsel for the applicant as well as learned A.G.A. for the State. 4. It is submitted by the learned counsel for the applicant that the applicant before this Court is the complainant. It is further submitted that the present complaint was filed in the year 2023 and after passing of the summoning order against the opposite party no. 2, the accused is not appearing before the trial court. However process has been sent by the trial court but on account of non appearance of the accused, trial is pending. 5. Learned AGA opposed the prayer. 6. 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. Process has been sent by the trial court but the accused- opposite party no. 2 is not appearing in the court. 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. 7. In the facts and circumstances of the case, the learned trial court is directed to invoke the powers given to it under law to ensure 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 and to make all the endeavours for expeditious disposal of the Complaint Case No. 9763 of 2023 (Astha Agrawal Vs. S.P.G. Global Limited), under Section 138 Negotiable Instruments Act, Police Station North Firozabad, District Firozabad, if there is no legal impediment. 8. 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. 9. With the above observations, the application stands disposed of. Order Date :- 4.3.2025 Rmk. Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad