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Neutral Citation No. - 2025:AHC:56133 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 854 of 2025 Applicant :- Om Steel & Cement Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anurag Vajpeyi,Praveen Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J.
1. This application under Section 529 of Bhartiya Nagrik Suraksha Sanhita (hereinafter referred to as B.N.S.S.) has been filed with a prayer to direct the court concerned to conclude the proceedings of Case No. 513 of 2024 (Om Steel Vs. Foax Awaj) arising out of Complaint No. 1341 of 2018, under Section 138 N.I. Act, Police Station 138 N.I. Act, Police Station Kasna, District Gautam Budh Nagar, pending before the Presiding Special Court-138 N.I. Act, Gautam Buddh Nagar, 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 present case is pending at the stage of appearance of the accused- opposite party no. 2. Non-bailable warrants and process under Section 82 Cr.P.C. have been issued against the opposite party no. 2 but he is not appearing and on account of non appearance of accused-opposite party no. 2, the case is lingering on unnecessarily.
4. Per contra, learned A.G.A. opposed the prayer.
5. I have considered the submissions and perused the entire record.
6. In the facts and circumstances of the case, the court concerned is
directed to procure the presence of the accused-opposite party no. 2 within a period of three months from the date of production of certified copy of this order before it and to make all the endeavours for expeditious disposal of the Case No. 513 of 2024 (Om Steel Vs. Foax Awaj) arising out of Complaint No. 1341 of 2018, under Section 138 N.I. Act, Police Station 138 N.I. Act, Police Station Kasna, District Gautam Budh Nagar, if there is no
legal impediment.
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 :- 16.4.2025 Rmk. Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad