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2025 DAILYLAW 50746 (ALL)

ANIRUDDH KUMAR SINGH v. STATE OF U.P. AND ANOTHER

NA529/1119/2025 · 2025-05-13

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:79121 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1119 of 2025 Applicant :- Aniruddh Kumar Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Surendra Nath Dubey,Upendra Kumar Dubey Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The present application under Section 529 BNSS. has been filed with a prayer to direct the learned J.M.-Ist, Jaunpur to decide the Complaint Case No. 229 of 2022, under Section 138 of Negotiable Instrument Act, Police Station Chandwak, District Jaunpur expeditiously at an early date. 3. It is submitted by learned counsel for the applicant that the aforesaid case was filed in 2022 and the summoning order was passed against the opposite party no.2 but the matter is still pending at the stage of appearance of opposite party no.2. The opposite party no.2 never appeared before the Court concerned. She is adopting delaying tactics in disposal of the case. 4. I have considered the submissions and perused the record. 5. It reveals from the perusal of the order sheets that the aforesaid case is pending since 2022 at the stage of appearance of opposite party no.2. She is not cooperating with the progress of the case. It is reminded that the criminal Courts are never toothless or powerless to ensure compliance of its own orders by the concerned police and administrative authorities. They have got ample powers for the same under law itself. The trial court is expected to invoke its power to ensure service of process upon the opposite party no.2, which is sent under its seal and order in order to procure his presence. 6. In the circumstances, the Court concerned is directed to invoke the powers given to it under law to ensure the presence of the opposite party no.2 by sending appropriate process to her 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 for expeditious disposal of the case within the period provided under the Statute itself, 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 :- 14.5.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad