OM PRAKASH @ BHOLA FAUJI v. STATE OF U.P. AND ANOTHER
NA529/962/2025 · 2025-05-18
Nalin Kumar Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 45276 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 45276 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:83288 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 962 of 2025 Applicant :- Om Prakash @ Bhola Fauji Opposite Party :- State of U.P. and Another Counsel for Applicant :- Akhilesh Kumar Shukla 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 below to expedite the proceedings of the Case No.42 of 2024, Om Prakash @ Bhola Fauji Vs. Pramod Kumar, under Section 138 of N.I. Act, P.S. Sadabad, District Hathras, pending before the learned Additional Chief Judicial Magistrate, Sadabad, Hathras, 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 that in this matter summoning order was passed in the year, 2024 and the matter is pending at the stage of appearance of opposite party no.2/accused, which is causing unnecessary delay in disposal of the case.
4. I have considered the submissions and perused the entire record.
5. It reflects from the perusal of the order sheet that the aforesaid case is pending at the stage of appearance of opposite party no.2. The trial court is expected to invoke its power provided under CrPC to ensure service of process upon the accused person, which is sent under its seal and order in order to procure the presence of the accused.
6. In the circumstances, the Court concerned is directed to take all possible measures to procure the presence of the accused / opposite party nos. 2 by sending appropriate process to him and to ensure the actual compliance by the office of its own orders within two months from the date of production of certified copy of this
order before it and thereafter all endeavours shall be made by it to decide the case within the time, which is prescribed under the Act itself, if there is no legal impediment.
7. It is also made clear that the Court / Presiding Officer is not the only stake holder of 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 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 :- 19.5.2025 Radhika Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad