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2025 DAILYLAW 23674 (ALL)

GUDIYA DEVI v. STATE OF U.P. AND ANOTHER

NA529/373/2025 · 2025-03-02

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:29192 Court No. - 82 Case :- APPLICATION U/S 529 BNSS No. - 373 of 2025 Applicant :- Gudiya Devi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prabhakar Dubey Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. This application under Section 483 Cr.P.C. has been filed with a prayer to direct the court concerned to decide the Case No.5382 of 2024, under Section138 Negotiable Instruments Act, Police Station and District- Siddharth Nagar pending in the Court of Civil Judge (Junior Division)/ Judicial Magistrate, Siddharth Nagar 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 aforesaid complaint case is pending since 2024 and summoning order was passed on 25.7.2024 by the trial court but till date the accused/ opposite party no.2 has not appeared before the trial court and the Court concerned is not taking any interest for compliance of its own order to ensure the appearance of the accused before it. 4. I have considered the submissions and perused the entire record. 5. It appears that summoning order dated 25.7.2024 was passed by the trial court against the accused / opposite party no.2 to face trial under Section 138 Negotiable Instruments Act and since then the matter is pending at the stage of appearance of accused/ opposite party no.2. It is reminded that the criminal Courts are not helpless to ensure compliance of its own orders by the concerned police and administrative authorities. They have got ample powers for the same in the CrPC itself. The trial court is expected to invoke its power to ensure service of process upon the accused persons, which is sent under its seal and order in order to procure the presence of the accused. 6. In the circumstances, the Court concerned is directed to invoke the powers given to it under the CrPC to ensure 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. 7. With the above observations, the application stands disposed of. Order Date :- 3.3.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad