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2025 DAILYLAW 41688 (ALL)

SMT. PRABHA TIWARI v. STATE OF U.P. AND 3 OTHERS

NA529/1012/2025 · 2025-05-06

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:76997 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1012 of 2025 Applicant :- Smt. Prabha Tiwari Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Hriday Narayan Pandey,Vaibhaw Pandey Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. Supplementary affidavit filed today is taken on record. 2. This application under Section 529 BNSS has been filed with a prayer to direct the court concerned to expedite the trial of complaint case no. 349 of 2022 arising out of complaint case no.764 of 2021 under sections 138 and 141 of the Negotiable Instrument Act, Police Station Sector 49, Noida, District Gautam Budh Nagar pending in the Court of Addl. Court, Room No.1, Gautam Budh Nagar, expeditiously within a stipulated period. 3. Heard learned counsel for the applicant as well as learned A.G.A. for the State. 4. It has been submitted by the learned counsel for the applicant that the applicant before this Court is the complainant of this case, which is pending since 2021 at the stage of appearance of the accused. Summoning order was passed in the matter in 2021 and since then the matter is pending. Accused are not cooperating with the court and only dates are being fixed for appearance. Almost 4 years have been passed and it has not been decided as yet. Therefore, prayer has been made to decide the aforesaid complaint case expeditiously within a stipulated period. 5. In the circumstances, the Court concerned is directed to make all possible endeavours and effective steps to ensure the appearance of the accused before the court within a period of two months from the date of production of certified copy of this order. It is also directed that on the date fixed by the trial court the accused shall appear before the Court and no adjournment or exemption for appearance will normally be granted to them on any ground whatsoever and thereafter all endeavours shall be made by the court concerned to decide the aforesaid case within a stipulated period of time provided under the Act itself, 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 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 :- 7.5.2025 ss Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad