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2025 DAILYLAW 63608 (ALL)

CHHUNNU LAL GUPTA v. STATE OF U.P. AND ANOTHER

NA529/1648/2025 · 2025-07-07

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:107512 Court No. - 83 Case :- APPLICATION U/S 529 BNSS No. - 1648 of 2025 Applicant :- Chhunnu Lal Gupta Opposite Party :- State of U.P. and Another Counsel for Applicant :- Santosh Kumar Mishra,Satish Chandra Dubey 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 expedite the Criminal Complaint Case No.77097 of 2017 under Section 138 Negotiable Instruments Act, Police Station- Kalyanpur, District- Kanpur Nagar pending in the Court of Additional Judicial Magistrate-III, Kanpur Nagar 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 present applicant is the complainant in the said case said case is pending at the stage of evidence under Section 244 Cr.P.C. It is also submitted that the opposite party no.2 is not cooperating with the Court concerned and is adopting delaying tactics in disposal of the said case and only dates are being fixed in the matter. The Court concerned is not taking proper interest in disposal of the said case. 4. Learned AGA opposed the prayer. 5. I have considered the submissions and perused the record. 6. It appears from perusal of the record that the matter is pending since 2017 and the accused has already been appeared, but the complaint case is still pending at the stage of recording of evidence under section 244 Cr.P.C.because the accused remained absconding for a long time. The delay is not attributed to the applicant. 7. In the circumstances, the Court concerned is directed to take all possible measures to complete the proceedings of the evidence of the complainant as soon as possible and thereafter all endeavours shall be made by it for expeditious disposal of the case within the stipulated period of time prescribed in the Act itself, if there is no legal impediment. 8. With the above observations, the application stands disposed of. Order Date :- 8.7.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad