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2025 DAILYLAW 20692 (ALL)

SHIV LOCHAN UPADHYAY v. STATE OF U.P. AND ANOTHER

NA529/281/2025 · 2025-04-22

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:61270 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 281 of 2025 Applicant :- Shiv Lochan Upadhyay Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shiv Kumar Kesari 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 Complaint Case No. 758 of 2023, under Section 138 Negotiable Instruments Act, P.S.- Civil Lines, District- Prayagraj pending in the Court of learned Judicial Magistrate, Court No.4, 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 summoning order in the matter was passed on 11.7.2023 and the opposite party no.2 was summoned to face trial under Section 138 Negotiable Instruments Act. The trial is pending at the stage of appearance and only dates are being fixed. 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 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