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2025 DAILYLAW 21721 (ALL)

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

NA529/314/2025 · 2025-02-23

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:26245 Court No. - 82 Case :- APPLICATION U/S 529 BNSS No. - 314 of 2025 Applicant :- Ritu Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Divyanshu Pathak Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. This application under Section 529 B.N.S.S. has been filed with a prayer to direct the court concerned to expedite Complaint Case No. 1249 of 2023 (Ritu Singh Vs. Aryan Vikarm Singh) under Section 138 N.I. Act at Police Station Kotwali, District Azamgarh pending in the Court of Judicial Magistrate, Court No. 26, Azamgarh. 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 is the complainant in the said case and the same is pending since 2023 and still is running at the sage of appearance of opposite party no. 2-accused. 4. Learned AGA opposed the prayer. 5. I have considered the submissions and perused the record. 6. It reveals from the perusal of the record it appears that earlier summoning order was challenged by the opposite party no. 2- accused by way of filing criminal revision no. 321 of 2024 which was dismissed by the Session Judge, Azamgarh vide order dated 07.01.2025 but despite that the opposite party no. 2-accused did not appear before the trial court. In the circumstances, the Court concerned is directed to invoke the powers given to it under the law to ensure the presence of the opposite party no. 2-accused by sending appropriate process as early as possible and make all endeavours for expeditious disposal of the case and if possible within two months from the date of production of certified copy of this order before it, if there is no legal impediment. It is further directed that no unnecessary adjournment will be sought/granted. 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 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. 8. With the above observations, the application stands disposed of. Order Date :- 24.2.2025 Vikram Digitally signed by :- VIKRAM SINGH High Court of Judicature at Allahabad