Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 28854 (ALL)

KOSHDA JEWELLERY HOUSE TILAKDWAR AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA529/462/2025 · 2025-03-11

Nalin Kumar Srivastava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:36559 Court No. - 82 Case :- APPLICATION U/S 529 BNSS No. - 462 of 2025 Applicant :- Koshda Jewellery House Tilakdwar And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Santosh Kumar Singh 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. 35683 of 2022, under Section 138 of Negotiable Instrument Act, Police Station Refinery, District Mathura pending in the Court of Presiding Officer, Additional Court, Mathura 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 aforesaid case was filed in the year 2022. It is further submitted that after the summoning order the accused appeared but however, after getting bail from the trial Court he absconded and the matter is unnecessarily pending at the stage of appearance. It is also submitted that the Court concerned is not taking any interest to ensure the appearance of the accused before it. 4. Learned AGA opposed the prayer. 5. I have considered the submissions and perused the entire record. 6. 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. 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 sending appropriate process to him 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. 8. 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. 9. 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