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2025 DAILYLAW 27976 (ALL)

SONU RAJAK v. STATE OF U.P. AND ANOTHER

NA529/434/2025 · 2025-03-09

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:34462 Court No. - 82 Case :- APPLICATION U/S 529 BNSS No. - 434 of 2025 Applicant :- Sonu Rajak Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vipul Raj Gautam 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 Case No. 3050 of 2021, under Section 138 Negotiable Instruments Act, Police Station Kotwali, District Jaunpur pending in the Court of Additional Civil Judge (JD)/I/ Judicial Magistrate, Jaunpur, 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 case in hand pertains to the year 2021 and summoning order was passed on 7.5.2022 but the opposite party no.2 is not appearing before the Court and due to his non-appearance the case is pending unnecessarily without any proper and effective proceeding. It is also submitted that order has been passed by the Magistrate concerned to issue non-bailable warrant against opposite party no.2 but still he is absent and the case is kept pending. 4. Learned AGA opposed the prayer. 5. I have considered the submissions and perused the entire record. 6. It reflects from the perusal of the order sheets that the aforesaid case is pending at the stage of appearance of opposite party no.2. The accused / opposite party no.2 has not appeared before the Court so far. The trial court is expected to invoke its power provided under law to ensure service of process upon the accused person, which is sent under its seal and order in order to procure the presence of the accused. 7. In the circumstances, the Court concerned is directed to take all possible measures to procure the presence of the accused / opposite party no. 2 by sending appropriate process to him and to ensure the actual compliance by the office of its own orders 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 preferably within a period of six months, if there is no legal impediment. 8. 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. 9. With the above observations, the application stands disposed of. Order Date :- 10.3.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad