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2025 DAILYLAW 46346 (ALL)

SHOAIB KHAN v. STATE OF U.P. AND ANOTHER

NA529/1001/2025 · 2025-05-06

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:78553 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1001 of 2025 Applicant :- Shoaib Khan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shahabuddin,Zia Uddin 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.260 of 2022 (Shoaib Khan Vs. Smt. Nayyarah) under Section 138 Negotiable Instrument Act, Police Station Sardhana, District Meerut pending in the Court of Judicial Magistrate, Sardhana, Meerut, expeditiously within a stipulated period. 2. Heard learned counsel for the applicant as well as learned A.G.A. for the State. 3. It has been submitted by the learned counsel for the applicant that the said case has been filed by the applicant / complainant under Section 138 Negotiable Instrument Act in 2022 and it is pending for long to record the statement of the accused. Accused is not cooperating with the court and only dates are being fixed for appearance. The court is also not taking interest for the expeditious disposal of this case. Therefore, prayer has been made to decide the aforesaid complaint case expeditiously within a stipulated period. 4. In the circumstances, the trial court is directed not to exempt the accused / opposite party no.2 at the stage of recording the statement of the accused, which should be recorded positively within a period of one month from the date of receiving the certified copy of this order and then thereafter the trial court shall make all endeavours for the expeditious disposal of the complaint case, as described above, without granting any unnecessary adjournment to either of the parties, keeping in view the work load in the said Court, if there is no 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 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 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