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Neutral Citation No. - 2025:AHC:68871 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1029 of 2025 Applicant :- Swatantra Kumar Mall Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gaurav Kumar Singh 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 decide the Complaint Case No. 514 of 2015, under Section 138 Negotiable Instrument Act, Police Station Cantt., District Gorakhpur pending in the Court of Additional Chief Judicial Magistrate-III, Gorakhpur expeditiously within a stipulated period.
2. Heard Ms. Neetu Pal holding brief for Shri Gaurav Kumar Singh, 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 is complainant in this matter. It is also submitted that the accused / opposite party no.2 has also appeared before the trial court but it is very surprising that no effective proceedings are being taken place in the trial court ignoring the fact that the matter is pending for the last ten years. Several dates have been fixed for recording of the statement of accused but no such statement has been recorded by the trial court.
4. Per contra, learned A.G.A. opposed the prayer.
5. I have considered the submissions and perused the entire record.
6. From the perusal of the record it appears that the case relates to the year 2015 and it is very surprising that several dates have been fixed for recording the statement of accused but the same has not been recorded so far. In the circumstances, the Court concerned is
directed to record the statement of the accused within one month from the date of production of certified copy of this order before it and thereafter all endeavours shall be made by it for expeditious disposal of the case, 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 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.
8. With the above observations, the application stands disposed of.
Order Date :- 1.5.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad