RAJESH KUMAR PRAJAPATI v. STATE OF U.P. AND ANOTHER
NA529/266/2025 · 2025-05-05
Nalin Kumar Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 19824 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 19824 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:72397 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 266 of 2025 Applicant :- Rajesh Kumar Prajapati Opposite Party :- State of U.P. and Another Counsel for Applicant :- Aslam Ali,Kamal Kumar Singh 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. 2886 of 2019, (Rajesh Kumar Prajapati Vs. Jitendra Dixit), under Section 138 of N.I. Act, Police Station Naini, District Pryagraj, pending in the court of Additional Chief Judicial Magistrate, Court No. 2, Allahabad, 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 the complainant of this case. It is further submitted that the present case is pending at the stage of appearance of accused-opposite party no. 2. 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 applicant is also not appearing in the court and the case is very old and is pending since the year 2019. 6. In the facts and circumstances of the case, the learned trial court is directed to make all the endeavours for expeditious disposal of Complaint Case No. 2886 of 2019, (Rajesh Kumar Prajapati Vs. Jitendra Dixit), under Section 138 of N.I. Act, Police Station Naini, District Pryagraj, pending in the court of Additional Chief Judicial Magistrate, Court No. 2, Allahabad, without granting any 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