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Neutral Citation No. - 2025:AHC:105707 Court No. - 83 Case :- APPLICATION U/S 529 BNSS No. - 1960 of 2025 Applicant :- Dhaniram Opposite Party :- State of U.P. and Another Counsel for Applicant :- Afzal Parvej,Arif Ikbal Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J.
1. This application under Section 529 Bhartiya Nagrik Suraksha Sanhita (hereinafter referred to as B.N.S.S.) has been filed with a prayer to direct the learned trial court to decide Case No. 735 of 2021 (Dhaniram Vs. Rakesh Kumar), under Section 138 N.I. Act, Police Station Kotwali, District Etawah, pending before the court of A.C.J.M.-II, Etawah, 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 before this Court is complainant. It is further submitted that summoning order was passed in the year 2023. Although the accused has appeared in the court but his evidence has not been recorded so far and the matter is pending since the year 2021.
4. Learned A.G.A. 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 evidence of accused opposite party no. 2 within a period of two months from today and to make all the endeavours for expeditious disposal of the aforesaid case within stipulated period provided under N.I. Act, without granting any unnecessary adjournment to either of the parties and keeping in view the heavy workload in the said court, 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 :- 7.7.2025 Rmk. Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad