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2025 DAILYLAW 41180 (ALL)

MRITUNJAY SINGH v. STATE OF U.P. AND ANOTHER

NA529/855/2025 · 2025-04-15

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:56619 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 855 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 of Bhartiya Nagrik Suraksha Sanhita (hereinafter referred to as B.N.S.S.) has been filed with a prayer to direct the learned trial court to decide the Case No. 408 of 2023 (Mritunjay Singh Vs. Brajesh Singh), under Section 138 of Negotiable Instrument Act, Police Station Sureri, District Jaunpur, pending in the court of learned Additional Chief Judicial Magistrate 5th, 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 the applicant before this Court is complainant and the case is pending since the year 2023 at the stage of appearance of the opposite party no. 2. It is further submitted that summoning order has not been passed so far. 4. Learned AGA opposed the prayer. 5. I have considered the submissions and perused the record. 6. In the facts and circumstances of the case, the learned trial court is directed to take effective steps on the point of passing of the summoning order within a period of one month from today and to make all the endeavours for expeditious disposal of the Case No. 408 of 2023 (Mritunjay Singh Vs. Brajesh Singh), under Section 138 of Negotiable Instrument Act, Police Station Sureri, District Jaunpur, pending in the court of learned Additional Chief Judicial Magistrate 5th, Jaunpur without granting unnecessary adjournment to either of the parties, 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