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2025 DAILYLAW 57308 (ALL)

KAMAL KUMAR SRIVASTAVA v. STATE OF U.P. AND ANOTHER

NA529/1380/2025 · 2025-05-26

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:90405 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1380 of 2025 Applicant :- Kamal Kumar Srivastava Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Mishra,Shri Krishna 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 proceedings of Complaint Case No. 316 of 2015, under Section 138 Negotiable Instruments Act, P.S.- George Town, District- Allahabad pending in the Court of learned Additional Court (N.I. Act), Court No. 2, 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 is the informant in the aforesaid case. The Court concerned is not taking proper interest to decide the said case. Applicant in this case has suffered monetary loss. The accused is not cooperating with the case. 4. I have considered the submissions and perused the entire record. 5. Perusal of the order sheets reveals that the complainant himself is the defaulter and several adjournments have been taken by him. The matter is pending at the stage of evidence, which has to adduce by the complainant/ applicant himself. 6. In the circumstances, the Court concerned is directed to make all endeavours for expeditious disposal of the case within the stipulated period of time provided in the Act itself, if there is no legal impediment provided the applicant cooperates with the trial. 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 :- 27.5.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad