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2025 DAILYLAW 69411 (ALL)

IMTIYAZ KHAN v. STATE OF U.P. AND ANOTHER

NA529/1974/2025 · 2025-07-21

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:119301 Court No. - 83 Case :- APPLICATION U/S 529 BNSS No. - 1974 of 2025 Applicant :- Imtiyaz Khan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Satyendra Kumar Singh 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 Complaint Case No. 2694 of 2016, under Section 138 Negotiable Instruments Act, Police Station Rohaniya, District Varanasi, pending in the Court of 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 aforesaid case is pending since 2015. Evidence of PW-1 has been recorded. The opposite party no. 2 is adopting delaying tactics in disposal of the said case. The case is at the stage of cross- examination of PW-1 since long. 4. Learned AGA opposed the prayer. 5. I have considered the submissions and perused the entire record. 6. It reflects from the perusal of the order sheets that opposite party no.2 is not cooperating with the Court concerned in the proceeding of the trial. It also appears that the trial court itself is reluctant in the proceeding of this case and frequent adjournments have been granted in favour of the opposite party no.2. In the circumstances, the trial court is directed to make all possible efforts to complete the cross-examination of PW-1 as early as possible and thereafter make all possible endeavours to dispose of the case under reference as expeditiously as possible, preferably within a period of six months without granting any unnecessary adjournments to either of the parties, if there is no other 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 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. 8. With the above observations, the application stands disposed of. Order Date :- 22.7.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad