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Neutral Citation No. - 2025:AHC:61432 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 296 of 2025 Applicant :- Raj Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhinab Mishra,Anupam Tripathi Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J.
1. This application under Section 529 BNSS has been filed with a prayer to direct the court concerned to decide the Criminal Misc. Case No. 386 of 2023, under Section 138 Negotiable Instrument Act, Police Station Quila, District Bareilly, pending in the Court of A.C.J.M., Court No.3, Bareilly, expeditiously within a stipulated period.
2. Heard Shri Vipin Sharma holding brief for Shri Abhinab Mishra,
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 case in hand pertains to the year 2023 but the opposite party no.2 is not appearing before the Court and due to his non-appearance the case is pending unnecessarily without any proper and effective proceeding. Earlier he had appeared and obtained bail and thereafter he is absconding. The Court concerned is not taking proper interest in disposal of the said case.
4. Learned AGA opposed the prayer.
5. I have considered the submissions and perused the entire record.
6. It reflects from the perusal of the order sheets that the aforesaid case is pending at the stage of appearance of opposite party no.2. The trial court is expected to invoke its power provided under law to ensure service of process upon the accused person, which is sent under its seal and order in order to procure the presence of the accused.
7. 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 and to
ensure the actual compliance by the office of its own orders 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.
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 executive authorities, counsels, 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.
9. With the above observations, the application stands disposed of.
Order Date :- 23.4.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad