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Neutral Citation No. - 2025:AHC:66515 Court No. - 80 Case :- APPLICATION U/S 483 No. - 63 of 2025 Applicant :- Udaybhan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dev Prakash Sharma, Pradeep Kumar Pandey,Priyanka Devi Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J.
1. This application under Section 483 Cr.P.C. has been filed with a prayer to direct the learned trial court to conclude the proceedings of Complaint Case No. 410 of 2023 (Udhaybhan Vs. Santosh Kumar Nigma), under Section 138 N.I. Act, Police Station Kotwali, District Mahoba, pending before the learned Civil Judge (Senior Division)/Upper Chief Judicial Magistrate, Mahoba, 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 examination-in-chief of the complainant has been recorded and now cross-examination of PW-1 applicant has to be recorded. The case is pending since the year 2023 at the stage of recording of evidence but no effective proceeding is being taken by the trial court. 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 take effective steps to conclude the proceedings for recording of evidence within a period of three months from today and to make all the endeavours to decide the Complaint Case No. 410 of 2023 (Udhaybhan Vs. Santosh Kumar Nigma), under Section 138 N.I. Act, Police Station Kotwali, District Mahoba, pending before the learned Civil Judge (Senior Division)/Upper Chief Judicial Magistrate, Mahoba as expeditiously as possible, preferably within a period of six months from the date of
production of certified copy of this order before it, without granting unnecessary adjournment to either of the parties, 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 :- 29.4.2025 Rmk. Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad