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2025 DAILYLAW 5091 (ALL)

MADAN TYAGI v. STATE OF U.P. AND ANOTHER

A483/21/2025 · 2025-04-28

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:66489 Court No. - 80 Case :- APPLICATION U/S 483 No. - 21 of 2025 Applicant :- Madan Tyagi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manish Pandey,Radhey Krishna Pandey 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 trial court to decide the Complaint Case No. 12647 of 2021 (Madan Tyagi Vs. Mohd. Abid), under Section 138 Negotiable Instruments Act, Police Station Ganga Nagar, District Meerut, pending before the learned Judicial Magistrate Court No. 2, 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 is submitted by the learned counsel for the applicant that the applicant before this Court is complainant. It is further submitted that the case is pending since the year 2021 at the stage of appearance of accused opposite party no. 2. 4. Learned AGA opposed the prayer. 5. I have considered the submissions and perused the record. It reveals from the perusal of the order sheets that the present case is pending at the stage of appearance of the opposite party no. 2. 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 in the law itself. The trial court is expected to invoke its power to ensure service of process upon the accused persons, which is sent under its seal and order in order to procure the presence of the accused. 6. In the facts and circumstances of the case, the learned trial court is directed to take effective steps for procuring the presence of the accused-opposite party no. 2 within a period of two months from today and to make all the endeavours for expeditious disposal of Complaint Case No. 12647 of 2021 (Madan Tyagi Vs. Mohd. Abid), under Section 138 Negotiable Instruments Act, Police Station Ganga Nagar, District Meerut, pending before the learned Judicial Magistrate Court No. 2, Meerut, without granting any unnecessary adjournment to either of the parties, 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 :- 29.4.2025 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