Neutral Citation No. - 2025:AHC:79095 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1120 of 2025 Applicant :- Anurag Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sandeep Mishra 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.410 of 2024 (old no. 5818 of 2021) under Section 138 Negotiable Instrument Act, Police Station Sector-39, District Gautam Budh Nagar pending in the Court of Special Court, 138 N.I. Act, Gautam Budh Nagar 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 in the present case the accused / opposite party no.2 appeared before the court and bail was granted to him. After conclusion of the prosecution evidence, the case is at the stage of recording of statement u/s 313 Cr.P.C. of the accused but due to non- cooperation of the accused / opposite party no.2, the case is being adjourned by the court from time to time. 4. Per contra, learned A.G.A. opposed the prayer. 5. I have considered the submissions and perused the entire record. 6. From the perusal of the record it appears that the matter is pending at the stage of recording the evidence under Section 313 CrPC but the accused / opposite party no.2 is not appearing before the Court for the same. It is reminded that the criminal Courts are not helpless 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 accused person, which is sent under its seal and order in order to procure the presence of the accused. 7. In the circumstances, the Court concerned is directed to invoke the powers given to it under law to ensure the presence of the accused / opposite party no.2 by sending appropriate process to him 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, preferably within a period of two months, if there is no legal impediment. 8. 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. 9. 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