Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 67460 (ALL)

OM PRAKASH v. STATE OF U.P. AND ANOTHER

NA529/1882/2025 · 2025-07-14

Nalin Kumar Srivastava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:115510 Court No. - 83 Case :- APPLICATION U/S 529 BNSS No. - 1882 of 2025 Applicant :- Om Prakash Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ravindra Prakash Srivastava Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. This application under Section 529 B.N.S.S. has been filed with a prayer to direct the court concerned to decide the Complaint Case No.27808 of 2023 (Om Prakash Vs. Sabha Narayan Singh) under Section 138 Negotiable Instrument Act, Police Station Sonha, District Basti pending in the Court of Judicial Magistrate-I, Court No.12, Basti, expeditiously within a stipulated period. 2. Heard learned counsel for the applicant as well as learned A.G.A. for the State. 3. It has been submitted by the learned counsel for the applicant that the said complaint case has been filed by the applicant / complainant under Section 138 Negotiable Instrument Act and summoning order was passed on 27.2.2024 against the accused / opposite no.2. Case is pending before the court and it has not been decided as yet. More than two years have been elapsed from the date of filing of the complaint, however, no endeavour has been made by the trial court to conclude the trial within the term prescribed under the Act. Therefore, prayer has been made to decide the aforesaid complaint case expeditiously within a stipulated period. 4. In the circumstances, the Court concerned is directed to make all endeavours for the expeditious disposal of the aforesaid complaint case, preferably within a period of six months from the date of production of certified copy of this order before it, if there is no legal impediment. 5. 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. 6. With the above observations, the application stands disposed of. Order Date :- 15.7.2025 ss Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad