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Neutral Citation No. - 2025:AHC:54075 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 813 of 2025 Applicant :- Mritunjay Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Pandey 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 expedite the proceedings of Case No. 25 of 2023 (Mritunjay Singh Vs. Naushad), under Section 138 of Negotiable Instrument Act, P.S.- Sureri, District Jaunpur, pending in the Court of learned Additional Civil Judge (J.D.) New Court 11 Jaunpur 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 since it is matter of Section 138 of N.I. Act, there was no need to fixed dates for recording the evidence of complainant under Section 200 Cr.P.C. but the learned trial court has wasted his time to fix the case for recording the evidence under Section 200 Cr.P.C. whereas the summoning order could be passed only on the basis of the affidavit given by the applicant.
4. I have considered the submissions and perused the entire record.
5. In the circumstances, the learned trial court is directed to take proper course of proceedings as per law and pass an order on the point of summoning without any delay expeditiously preferably within three months from the date of production of certified copy of this order before it, if there is no legal impediment.
6. 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.
7. With the above observations, the application stands disposed of. Order Date :- 11.4.2025 Shivangi Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad