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2025 DAILYLAW 62484 (ALL)

ANISH GINODIA v. STATE OF U.P. AND ANOTHER

NA529/1598/2025 · 2025-05-22

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:87938 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1598 of 2025 Applicant :- Anish Ginodia Opposite Party :- State of U.P. and Another Counsel for Applicant :- Utkarsh Khanna 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. 1156 of 2021, under Section 138 Negotiable Instruments Act, pending in the Court of learned Presiding Officer, Additional Court, Varanasi 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 the trial is pending at the stage of recording the statement of accused under Section 313 Cr.P.C. 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. In the circumstances, it is directed that the statement under Section 313 Cr.P.C. be recorded by the learned trial Court preferably within a period of one month from today and after recording that statement all possible endeavours shall be made 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 :- 23.5.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad