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2025 DAILYLAW 65551 (ALL)

ASHUVENDRA SINGH v. STATE OF U.P. AND ANOTHER

NA529/1827/2025 · 2025-07-06

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:106507 Court No. - 83 Case :- APPLICATION U/S 529 BNSS No. - 1827 of 2025 Applicant :- Ashuvendra Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Santosh Kumar Tiwari,Suraj Pal 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 conclude the trial in Complaint Case No.2044 of 2018, under Section 138 Negotiable Instruments Act, Police Station Tilhar, District-Shahjahanpur pending in the Court of Civil Judge (J.D.)/ Judicial Magistrate, Tilhar, Shahjahanpur 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 this is a complaint case under Section 138 N.I. Act which is kept pending since 2018. It is further submitted that the applicant is the complainant in the aforesaid case and the matter is pending at the stage of cross-examination of P.W.1 but since the accused is not cooperating with the trial Court, the evidence has not been recorded, hence it has been submitted that in the interest of justice a direction should be issued to the trial Court to expedite the proceedings of the aforesaid complaint case. 4. I have considered the submissions and perused the entire record. 5. In the circumstances, the Court concerned is directed to make all endeavours for expeditious disposal of the case 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 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. 7. With the above observations, the application stands disposed of. Order Date :- 7.7.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad