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2025 DAILYLAW 36102 (ALL)

RAM TAULAN YADAV v. STATE OF U.P. AND 3 OTHERS

NA529/687/2025 · 2025-04-06

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:53181 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 687 of 2025 Applicant :- Ram Taulan Yadav Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Rishabh Srivastava 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.737 of 2023 (Ram Taulan Yadav Vs. Radhey Shyam Mishra and others) under Sections 138 Negotiable Instrument Act, Police Station Jhunsi, District Prayagraj pending in the Court of Additional Chief Judicial Magistrate, Room No.5, 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 has been submitted by the learned counsel for the applicant that the said complaint case has been filed by the applicant / complainant under Section 138 Negotiable Instrument Act. Accused are not cooperating with the court and only dates are being fixed for appearance. Case is pending for the last three years and it has not been decided on account of delaying tactics adopted by the accused. On some occasions, the case was adjourned on account of abscondance of the accused. Therefore, prayer has been made to decide the aforesaid complaint case expeditiously within a stipulated period. 4. In the circumstances, the Court concerned is directed to make all possible endeavours and effective steps to ensure the appearance of the accused before the court. It is also directed that on the date fixed by the trial court the accused persons shall appear before the Court and no adjournment or exemption for appearance will normally be granted to any of the accused persons on any ground whatsoever and thereafter all endeavours shall be made by the court concerned for expeditious disposal of the case within six months, if there is no legal impediment. 5. 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 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. 6. With the above observations, the application stands disposed of. Order Date :- 7.4.2025 ss Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad