Extracted from the PDF above. The PDF is authoritative.
Court No. - 82 Case :- APPLICATION U/S 529 BNSS No. - 452 of 2025 Applicant :- Smt. Poonam Devi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Punya Sheel Pandey Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. The present application under Section 529 BNSS has been filed with a prayer to direct the learned Additional Court No.2, Agra to decide the Complaint Case No.7701 of 2022 under Section 138 Negotiable Instrument Act, Police Station Etmaddaula, District Agra expeditiously within a stipulated period.
3. It is submitted by the learned counsel for the applicant that the present complaint case is pending since 2022 but the accused has not appeared before the trial court. It is next submitted that the complainant appears before the court on each and every date but the court concerned is not taking any interest for the service of the process sent against the accused.
4. Per contra, learned A.G.A. has opposed the prayer.
5. 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 her 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. 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 these observation, the application is finally disposed of. Order Date :- 11.3.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad