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2025 DAILYLAW 48703 (ALL)

SMT ASHA BHAGAT v. STATE OF U.P. AND ANOTHER

NA529/1082/2025 · 2025-05-18

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:83942 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1082 of 2025 Applicant :- Smt Asha Bhagat Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prem Sagar Verma 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 Additional Court No.I, Agra to consider and decide the Complaint Case No.4768/2017 (Smt. Asha Bhagat Vs. Sri Sesham Rao Niranjan) under Section 138 of the Negotiable Instrument Act, Police Station Hariparvat, District Agra, expeditiously within a stipulated time period. 2. Heard learned counsel for the applicant as well as learned A.G.A. 3. It is submitted that the applicant before this Court is the complainant. It is further submitted that only general dates are being fixed in the trial court and no evidence has been recorded so far. 4. I have considered the submissions and perused the record. 5. From the perusal of the order-sheet, it appears that the case is pending at the stage of evidence of the applicant/ complainant himself. Needless to say that evidence may be adduced by the applicant/ complainant himself but it is very strange that instead of adducing evidence, the applicant/ complainant unnecessarily knocked at the door of this Court, which is not proper at all. In these circumstances, no direction is required to be issued to the Court concerned for expeditious disposal of the said case particularly in the situation when the applicant/ complainant is himself defaulter. 6. The application is accordingly disposed of. Order Date :- 19.5.2025 Radhika Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad