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2025 DAILYLAW 28117 (ALL)

JAIVEER SINGH v. STATE OF U.P. AND ANOTHER

NA529/456/2025 · 2025-03-11

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:36672 Court No. - 82 Case :- APPLICATION U/S 529 BNSS No. - 456 of 2025 Applicant :- Jaiveer Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arvind Kumar Uppadhaya,Gauri Shanker Mishra 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 conclude the trial in Complaint Case No.502 of 2015, under Section 138 Negotiable Instruments Act, Police Station Iglas, District-Aligarh pending in the Court of learned Judicial Magistrate, Iglas Aligarh 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 this is a complaint case under Section 138 N.I. Act which is kept pending since 2015. It is further submitted that the applicant is the complainant in the aforesaid case. It is further submitted that opposite party no.2 was summoned on 6.9.2016 but the cross has not been completed by the opposite party no.2 till date. He was granted opportunity to cross-examine the complainant but still no cross examination of complainant was conducted, hence it has been submitted that in the interest of justice a direction should be issued to the trial Court to expedite the proceedings of the aforesaid complaint case. 4. I have considered the submissions and perused the entire record. 5. It reveals from the perusal of the record that the said case is pending since the year 2015 and the same is at the stage of cross- examination of PW-1/informant. In the circumstances, the Court concerned is directed to make all endeavours for expeditious disposal of the case preferably within six months from the date of production of certified copy of this order before it, if there is no legal impediment. It is further directed that no unnecessary adjournment will be sought/granted. 6. 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. 7. With the above observations, the application stands disposed of. Order Date :- 12.3.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad