Neutral Citation No. - 2025:AHC:37151 Court No. - 82 Case :- APPLICATION U/S 529 BNSS No. - 396 of 2025 Applicant :- Surendra Pratap Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sarvanand Pandey 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 expedite and conclude the proceeding of Application dated 22.07.2024, under Section 5 of Limitation Act, 1963, registered as Misc. Case No. 1966 of 2024 (Surendra Pratap Singh Vs. Bheem Nath Pandey), filed alongwith second complaint under Section 138 N.I. Act, Police Station Ramgarhtal, Gorakhpur, District Gorakhpur pending in the court of Additional Chief Judicial Magistrate-IInd Gorakhpur. 2. Heard learned counsel for the applicant as well as learned A.G.A. for the State. 3. It has been submitted by the learned counsel for the applicant that earlier complaint case no. 418 of 2017 was preferred by the applicant but in the said complaint by way of impugned judgment and order dated 17.05.2022 the learned trial court recorded the acquittal of accused. Subsequently Application U/s. 378 No. 76 of 2022 was preferred which was disposed of by this Court vide order dated 05.07.2024 with an observation that a second complaint may be filed by the complainant. 4. In view of the said order the said complaint was filed but since it was barred by time and an application for condonation of delay was also moved in the present proceeding presented at the stage of disposal of several occasion. 5. In view of the above, from perusal of the record it appears that process has been sent against the accused/opposite party no. 2 on an application for condonation of delay but the process are not being returned to the Court. 6. In view of the above and keeping in view of the facts and circumstances of the case, the original matter was registered before the court in 2017. The court concerned is directed to invoke the powers given to it under the law to ensure the presence of the accused/opposite party no. 2 by sending appropriate process as early as possible and make all endeavours for expeditious disposal of the case and if possible within three months from the date of production of certified copy of this order before it, 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 :- 12.3.2025 Vikram Digitally signed by :- VIKRAM SINGH High Court of Judicature at Allahabad