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2025 DAILYLAW 70045 (ALL)

ANAND KUMAR MAURYA v. STATE OF U.P. AND ANOTHER

NA529/1997/2025 · 2025-07-02

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:103671 Court No. - 83 Case :- APPLICATION U/S 529 BNSS No. - 1997 of 2025 Applicant :- Anand Kumar Maurya Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ikshwaku Srivastava 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 proceedings of Case No. 163 of 2020, under Section 138 Negotiable Instruments Act, P.S.- Saraikhwaja, District- Jaunpur pending in the Court of learned Judicial Magistrate-I, Jaunpur 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 is the informant in the aforesaid case. It is further submitted that in the instant case the proceeding of recording the evidence have been exhausted and now the matter is pending at the stage of final argument but the opposite party no.2/ accused is not cooperating with the trial at this stage and non-bailable warrant has been issued against him looking into the continuous absence before the Court. Applicant in this case has suffered monetary loss. The accused is not cooperating with the case. 4. I have considered the submissions and perused the entire record. 5. In the circumstances, the Court concerned is directed to take all possible measures to procure the presence of the accused / opposite party no. 2 by sending appropriate process to him within two months from the date of production of certified copy of this order before it and thereafter all endeavours shall be made by it for expeditious disposal of the case preferably within a period of two months, keeping in view the heavy work load in the said Court. 6. 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. 7. With the above observations, the application stands disposed of. Order Date :- 3.7.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad