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2025 DAILYLAW 18142 (ALL)

LAKHAN SINGH v. STATE OF U.P. AND ANOTHER

NA529/279/2025 · 2025-04-22

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:61312 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 279 of 2025 Applicant :- Lakhan Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Kumar Tiwari 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 expedite the proceedings of Case No. 177 of 2018, under Section 138 Negotiable Instruments Act, P.S.- Uttar, District- Firozabad pending in the Court of learned Civil Judge (J.D.) Fast Track Court I/ Judicial Magistrate, Firozabad 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 summoning order in the matter was passed and the opposite party no.2 was summoned to face trial under Section 138 Negotiable Instruments Act. It is further submitted that even the statement of the accused has not been recorded so far. The Court concerned is not taking proper interest to decide the said case. Applicant in this case has suffered monetary loss. The accused is not cooperating with the case. 4. I have considered the submissions and perused the entire record. 5. In the circumstances, the Court concerned is directed to take all possible measures to procure the presence of the accused / opposite party no. 2 and record the statement 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 6. 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. 7. With the above observations, the application stands disposed of. Order Date :- 23.4.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad