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2025 DAILYLAW 5256 (ALL)

DR. SUBEY SINGH v. STATE OF U.P. AND ANOTHER

A483/62/2025 · 2025-05-05

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:72446 Court No. - 80 Case :- APPLICATION U/S 483 No. - 62 of 2025 Applicant :- Dr. Subey Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Alka Srivastava 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 court concerned to decide the Complaint Case No. 929 of 2018, under Section 138 Negotiable Instruments Act, P.S.- Baraut, District- Baghpat pending in the Court of learned Judicial Magistrate, Ist Class, Baghpat 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 instant case applicant is the complainant and it is pending since 2018 and the main cause for delay is the non-appearance of opposite party no.2, accused, who is not cooperating with the trial Court at all. Applicant in this case has suffered monetary loss. The Court concerned is not taking proper interest in disposal of the said case. 4. I have considered the submissions and perused the entire record. 5. The case is pending at the stage of recording the evidence under Section 254 Cr.P.C., however, the accused opposite party no.2 is also not cooperating with the trial Court as reflects from the perusal of the order sheet. Since it is a matter under Section 138 N.I. Act and is pending since 2018, the trial Court is directed to make all possible efforts for expeditious disposal of the case without granting any unnecessary adjournments to any of the parties provided the applicant/ complainant cooperates with the Court. 6. 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. 7. With the above observations, the application stands disposed of. Order Date :- 6.5.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad