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2025 DAILYLAW 41271 (ALL)

ABHISHEK AGRAWAL v. STATE OF U.P. AND 3 OTHERS

NA529/841/2025 · 2025-04-14

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:55389 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 841 of 2025 Applicant :- Abhishek Agrawal Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Utkarsh Khanna Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. The present application under Section 529 BNSS has been filed with a prayer to direct the Additional Court, District Varanasi to decide the Case No. 133 of 2020, under Section 138 of Negotiable Instrument Act, expeditiously within a stipulated period. 2. Heard learned counsel for the applicant, learned AGA and perused the material available on record. 3. It is submitted by learned counsel for the applicant that the aforesaid case was filed in 2020. It is also submitted that the case is at the stage of evidence of PW-1/applicant. It is next submitted that no sincere efforts are being made by the Court concerned to decide the said case. 4. A perusal of the copies of the order sheets goes to show that the aforesaid case was filed in the year 2020. It also appears that the matter is pending at the stage of evidence of PW-1/applicant. It also appears from the perusal of the record that on almost every date exemption application has been moved on behalf of the opposite party no.2 and it is very surprising that the trial court is treating the said applications as adjournment and only dates are being fixed in the matter. Hence, after considering the entire facts and circumstance of the case, the trial court is directed to make all possible efforts to dispose of the case under reference as expeditiously as possible, preferably within a period of six months from the date of production of certified copy of this order before it, if there is no other legal impediment. 5. 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. 6. With these observations, the application is finally disposed of. Order Date :- 15.4.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad