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Neutral Citation No. - 2025:AHC:22323 Court No. - 82 Case :- APPLICATION U/S 483 No. - 52 of 2025 Applicant :- Shiv Prakash Mishra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Chitranshu Srivastav,Navneet Mishra Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J.
1. This application under Section 483 Cr.P.C. has been filed with a prayer to direct the learned Additional Chief Judicial Magistrate, Court No. 5, Allahabad to decide the Complaint Case No. 1133 of 2022 (Shiv Prakash Mishra Vs. M.A. Isha), under Section 138 N.I. Act, Police Station Jhunsi, District Allahabad (Prayagraj) expeditiously 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 by the learned counsel for the applicant that the applicant before this Court is the complainant and the said complaint under Section 138 N.I. Act is pending since the year
2022. It is further submitted that no evidence has been recorded even statement of the accused has not been recorded so far.
4. Learned AGA opposed the prayer.
5. I have considered the submissions and perused the record.
6. In the facts and circumstances of the case, the learned trial court is directed to make all endeavour to decide the Complaint Case No. 1133 of 2022 (Shiv Prakash Mishra Vs. M.A. Isha), under Section 138 N.I. Act, Police Station Jhunsi, District Allahabad (Prayagraj) expeditiously and preferably within a period of two years from the date of production of certified copy of this order before it, 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 execution authorities, advocates, 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.
8. With the above observations, the application stands disposed of. Order Date :- 17.2.2025 Rmk. Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad