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Neutral Citation No. - 2025:AHC:49243 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 302 of 2025 Applicant :- Parshuram Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manoj Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J.
1. This application under Section 529 of B.N.N.S., 2023 has been filed with a prayer to direct the learned Additional Chief Judicial Magistrate, (S.D-II), Gorakhpur to decide the Complaint Case No. 109993 of 2021, (Parshuram Yadav Vs. Kamlesh Yadav), under Section 138 of N.I. Act, pending before the Court of learned Additional Chief Judicial Magistrate, (S.D-III), Gorakhpur, within stipulated time 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 in the aforesaid case. He further submitted that opposite party no. 2 has appeared before the court but however, after getting bail he is not appearing before the court and the matter is pending unnecessarily without any effective proceeding.
4. It appears from the perusal of record that this case is pending since 2021. In the
facts and circumstances of the case, the Court concerned is directed to invoke the powers given to it under the law to ensure the presence of opposite party no. 2 by sending appropriate process as early as possible without any unnecessarily delay preferably within two months and make all endeavours for expeditious disposal of the case, if there is no legal impediment.
5. 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.
6. With the above observations, the application stands disposed of.
Order Date :- 5.4.2025 Vikram Digitally signed by :- VIKRAM SINGH High Court of Judicature at Allahabad