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Neutral Citation No. - 2025:AHC:84562 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1265 of 2025 Applicant :- Durga Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ankit Kapoor 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.185328 of 2022, under Section 138 Negotiable Instruments Act, Police Station Chetganj, District Varanasi pending in the Court of Additional Civil Judge (JD) Court No.2, Varanasi, 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 aforesaid case is pending since 2022. Evidence of PW-1 has been recorded. The opposite party no. 2 is adopting delaying tactics in disposal of the said case. The case is at the stage of cross-examination of PW-1.
4. Learned AGA opposed the prayer.
5. I have considered the submissions and perused the entire record.
6. It reflects from the perusal of the order sheets that opposite party no.2 is not cooperating with the Court concerned in the proceeding of the trial. In the circumstances, the trial court is
directed to make all possible efforts to complete the cross- examination of PW-1 as early as possible and thereafter make all possible endeavours to dispose of the case under reference as expeditiously as possible without granting any unnecessary adjournments to either of the parties, preferably within the period provided under the Statute itself, if there is no other 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 :- 20.5.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad