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2025 DAILYLAW 57513 (ALL)

RUDRAMANI v. STATE OF U.P. AND ANOTHER

NA529/1386/2025 · 2025-05-26

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:90292 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1386 of 2025 Applicant :- Rudramani Opposite Party :- State of U.P. and Another Counsel for Applicant :- Chandan Kumar Jaiswal,Santosh Kumar Yadav 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 Case No. 51106 of 2023, under Section 138 Negotiable Instruments Act, P.S.- Ramgarhtal, District- Gorakhpur, pending in the Court of learned Additional Chief Judicial Magistrate-2, Gorakhpur 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 complainant in the aforesaid case. It is further submitted that opposite party no.2 has appeared before the Court but however he is not cooperating with the trial Court due to which even the statement of accused has not been recorded so far. 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. From perusal of the order sheets it appears that the trial Court is little hesitant to procure the presence of opposite party no.2 personally before the Court for recording his statement. Hence, the trial court is expected to invoke its power to ensure service of process upon the accused person, which is sent under its seal and order in order to procure the presence of the accused and the statement of the accused be recorded by the learned trial Court preferably within a period of two months from today and thereafter all possible endeavours shall be made by the trial Court to dispose of the matter within the stipulated period of time provided in the Act itself, if there is no legal impediment. 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 :- 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