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Neutral Citation No. - 2025:AHC:61284 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 364 of 2025 Applicant :- Vinay Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bhaskar Bhadra,Rajveer Chaurasiya 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 decide the Complaint No. 3628 of 2019, under Section 138 Negotiable Instrument Act, Police Station Kotwali Mahoba, District Mahoba pending in the Court of Chief Judicial Magistrate, Mahoba, 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 is complainant in this matter. It is also submitted that after conclusion of the prosecution evidence, the case is at the stage of recording of statement u/s 313 Cr.P.C. of the accused. Several dates have been fixed for the said purpose but surprisingly no such statement has been recorded by the trial court.
4. Per contra, learned A.G.A. opposed the prayer.
5. I have considered the submissions and perused the entire record.
6. From the perusal of the record it appears that the matter is pending at the stage of recording the evidence under Section 313 CrPC of the accused. The case relates to the year 2019 and it is very surprising that several dates have been fixed for recording the evidence under Section 313 CrPC but the same has not been recorded so far. In the circumstances, the Court concerned is
directed to record the statement of the accused under Section 313 CrPC within one month 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.
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 :- 23.4.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad