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Neutral Citation No. - 2025:AHC:29465 Court No. - 82 Case :- APPLICATION U/S 529 BNSS No. - 368 of 2025 Applicant :- Rajeev Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dharmendra Kumar Chaubey,Pravin Kumar Tiwari 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 conclude the trial in Complaint Case No. 3191 of 2021, under Section138 Negotiable Instruments Act, Police Station Sector-49 Noida, District Gautam Buddh Nagar pending in the Court of Additional Court, Room No.1, Gautam Buddh Nagar expeditiously within a stipulated period.
2. Heard learned counsel for the applicant as well as learned A.G.A. for the State. Compliance affidavit filed by the State is taken on record.
3. It is submitted by the learned counsel for the applicant that the aforesaid complaint case is pending since 2021 and after passing the summoning order dated 13.12.2021 the Court had to take harsh steps against opposite party no.2, the accused, as he was not appearing before the Court despite service of process, however, ultimately the accused/ opposite party no.2 appeared and got bail on 3.1.2025. It is further submitted that till date charges has have not been framed by the trial Court against the opposite party no.2 and the Court concerned is not taking any interest for disposal of the case.
4. I have considered the submissions and perused the entire record.
5. 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 record the statement of accused/ opposite party no.2 within three 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. 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 of the trial and disposal of a case, hence, besides the P.O. concerned, all the stake holders i.e. police and execution authorities, advocates, 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 :- 3.3.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad