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2025 DAILYLAW 62003 (ALL)

SANJAY RAGHAV v. STATE OF U.P. AND ANOTHER

NA529/1568/2025 · 2025-05-21

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:86847 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1568 of 2025 Applicant :- Sanjay Raghav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Puneet Srivastava,Renu Srivastava 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. 289 of 2024, under Section 138 Negotiable Instruments Act, P.S.- Gandhi Park, District- Aligarh pending in the Court of learned Additional Court, Aligarh 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. It is further submitted that summoning order in the matter was passed on 30.01.2025 and the opposite party no.2 was summoned to face trial under Section 138 Negotiable Instruments Act. It is further submitted that the accused has appeared before the Court but no statement of accused has been recorded so far due to which the trial is not proceeding in the instant matter. 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. It reflects from the perusal of the order sheets that the aforesaid case is pending since the year 2024. The trial court is expected to invoke its power to ensure service of process upon the accused persons, which is sent under its seal and order in order to procure the presence of the accused. 6. In the circumstances, the Court concerned is directed to take all possible measures to procure the presence of the accused / opposite party no. 2 sending appropriate process to him within two months from the date of production of certified copy of this order before it and thereafter all endeavours shall be made by it for expeditious disposal of the case within the time period provided in the Act itself. 7. It is also made clear that the Court / Presiding Officer is not the only stake holder of 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 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 :- 22.5.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad