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2025 DAILYLAW 57117 (ALL)

DOODH NATH SINGH v. STATE OF U.P. AND ANOTHER

NA529/1361/2025 · 2025-07-27

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:124196 Court No. - 83 Case :- APPLICATION U/S 529 BNSS No. - 1361 of 2025 Applicant :- Doodh Nath Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Alok Singh Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. This application under Section 529 Bhartiya Nagrik Suraksha Sanhita (hereinafter referred to as B.N.S.S.) has been filed with a prayer to direct the learned trial court to decide Complaint Case No. 978 of 2021 (Doodh Nath Singh Vs. Ram Dular Singh Kushwaha), under Section 138 Negotiable Instruments Act, Police Station Daraganj, District Prayagraj, pending in the court of Additional Chief Judicial Magistrate, Court No. 9, Allahabad, 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. The complaint was filed in the year 2021 and the opposite party no. 2 has appeared in the court for recording evidence but the case has not been decided by the trial court so far as per mandate of the N.I. Act. 4. Learned A.G.A. opposed the prayer. 5. I have considered the submissions and perused the record. 6. In the facts and circumstances of the case, the learned trial court is directed to make all the endeavours to decide Complaint Case No. 978 of 2021 (Doodh Nath Singh Vs. Ram Dular Singh Kushwaha), under Section 138 Negotiable Instruments Act, Police Station Daraganj, District Prayagraj, pending in the court of Additional Chief Judicial Magistrate, Court No. 9, Allahabad as expeditiously as possible, preferably within a period of six months from the date of production of certified copy of this order before it, without granting unnecessary adjournment to either of the parties and keeping in view the heavy workload in the said court, 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 :- 28.7.2025 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 Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad