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2025 DAILYLAW 32008 (ALL)

SMT. REKHA v. STATE OF U.P. AND ANOTHER

NA529/535/2025 · 2025-04-27

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:65517 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 535 of 2025 Applicant :- Smt. Rekha Opposite Party :- State of U.P. and Another Counsel for Applicant :- Brijesh Kumar Yadav,Ruduvant Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. This application under Section 529 Bhartiya Nagrik Suraksha Sanhita (hereinafter referred to as B.N.S.S.) has been filed with a prayer to direct the learned trial court to decide the Case No. 716 of 2022 (Smt. Rekha Vs. Anil Kumar Gupta), under Section 138 N.I. Act, Police Station Phaphamau, District Prayagraj, pending in the court of A.C.J.M., Court No. 6, Prayagraj, 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 applicant before this Court is complainant. The complaint was filed in the year 2022 and the case is pending at the stage of recording of statement of opposite party no. 2. 4. Learned AGA opposed the prayer. 5. I have considered the submissions and perused the record. 6. In the facts and circumstances of the case, the learned trial court is directed to take effective steps for recording the statement of opposite party no. 2 within a period of two months from today and to make all the endeavours for expeditious disposal of Complaint Case No. 716 of 2022 (Smt. Rekha Vs. Anil Kumar Gupta), under Section 138 N.I. Act, Police Station Phaphamau, District Prayagraj, pending in the court of A.C.J.M., Court No. 6, Prayagraj, without granting unnecessary adjournment to either of the parties, if there is no legal impediment. Learned trial court is further directed to find out as to whether compromise between the parties is possible or not. In case compromise between the parties is possible, the matter shall be decided in terms of compromise between the parties. 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 execution authorities, advocates, parties to the case, staff 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 :- 28.4.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad