DHARMENDRA KUMAR MISHRA v. STATE OF U.P. AND ANOTHER
A483/47/2025 · 2025-02-16
Nalin Kumar Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 5872 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 5872 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:22358 Court No. - 82 Case :- APPLICATION U/S 483 No. - 47 of 2025 Applicant :- Dharmendra Kumar Mishra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Lokesh Kumar Dwivedi,Piyush Mishra 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 learned Additional Chief Judicial Magistrate, Curt No. 2, Gorakhpur to decide the Misc. Complaint Case No. 2178 of 2018 (Dharmendra Kumar Mishra Vs. Ram Bali Chaurasiya), under Section 138 N.I. Act, Police Station Pipraich, District 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 and the said case is pending since the year 2018. The accused-opposite party no. 2 has appeared in this case but the statement of the accused-opposite party no. 2 has not been recorded so far and the poor complainant is continuously running to the court.
4. Learned AGA 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 record the statement of the accused-opposite party no. 2 within one month from today and to make all the endeavour to decide the Misc. Complaint Case No. 2178 of 2018 (Dharmendra Kumar Mishra Vs. Ram Bali Chaurasiya), under Section 138 N.I. Act, Police Station Pipraich, District Gorakhpur, expeditiously and preferably within a period of one and half years from the date of production of certified copy of this order before it, 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 :- 17.2.2025 Rmk. Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad