MOTIVE MICRO BENEFIT FOUNDATION v. STATE OF U.P. AND ANOTHER
NA529/912/2025 · 2025-04-17
Nalin Kumar Srivastava
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 39821 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 39821 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:57399
Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 912 of 2025 Applicant :- Motive Micro Benefit Foundation Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jitendra Kumar Yadav 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 No. 49008 of 2021, under Section 138 Negotiable Instrument Act, Police Station Kotwali, District Pilibhit, pending in the Court of C.J.M., Pilibhit, 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 case in hand pertains to the year 2021 but the opposite party no.2 is not appearing before the Court and due to his non-appearance the case is pending unnecessarily without any proper and effective proceeding. Earlier he had appeared and obtained bail and thereafter he is absconding. The Court concerned is not taking proper interest in disposal of the said case.
4. Learned AGA opposed the prayer.
5. I have considered the submissions and perused the entire record.
6. It reflects from the perusal of the order sheets that the aforesaid case is pending at the stage of appearance of opposite party no.2. The trial court is expected to invoke its power provided under law to ensure service of process upon the accused person, 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 by sending appropriate process to him and to ensure the actual compliance by the office of its own orders within two 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 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 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 :- 18.4.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad