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2025 DAILYLAW 38237 (ALL)

TIRUPATI CHAIN WORKS THROUGH PROPRIETOR PRASHANT BANSAL v. STATE OF U.P. AND ANOTHER

NA529/729/2025 · 2025-04-07

Nalin Kumar Srivastava

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:50374 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 729 of 2025 Applicant :- Tirupati Chain Works Through Proprietor Prashant Bansal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashish Tyagi,Kapil Tyagi 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 trial of Complaint Case No. 10340 of 2023, under Section 138 Negotiable Instruments Act, Police Station Hapur Nagar, District Hapur pending in the Court of Civil Judge (Junior Division)-II, Judicial Magistrate, Hapur expeditiously without 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 is pending since 2023. It is also submitted that the opposite party no.2 is adopting delaying tactics in disposal of the said case and only dates are being fixed in the matter. He is not cooperating with the trial of the case. 4. Learned AGA opposed the prayer. 5. I have considered the submissions and perused the record. 6. It reveals from the perusal of the order sheets that the aforesaid case is pending since 2022 and the accused / opposite party no.2 is not cooperating with the progress of the case and is adopting delaying tactics. 7. In the circumstances, the Court concerned is directed to record the statement of accused 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, if there is no legal impediment. It is further directed that no unnecessary adjournment will be sought/granted. 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 :- 8.4.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad