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Neutral Citation No. - 2025:AHC:109832 Court No. - 83 Case :- APPLICATION U/S 529 BNSS No. - 2114 of 2025 Applicant :- Sriyansh Jaiswal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shiv Kumar Kesari 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. 3186 of 2019, under Section 138 Negotiable Instrument Act, Police Station Kydganj, District Prayagraj pending in the Court of A.C.J.M. Court No.10, Allahabad, expeditiously without 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 complaint case was filed in the year 2019 and the summoning order was passed on 31.1.2020. The case is pending for recording the evidence of accused. The opposite party no.2 is not cooperating with the Court concerned and is adopting delaying tactics in disposal of the said case and only dates are being fixed in the matter. 4. Learned AGA opposed the prayer. 5. I have considered the submissions and perused the record. 6. It reveals from the perusal of the order sheets that the aforesaid complaint case was filed in the year 2019 and the accused / opposite party no.2 is not cooperating with the progress of the case and is adopting delaying tactics. In the circumstances, the Court concerned is directed to record the evidence of accused / opposite party no.2 as early as possible and thereafter all endeavours shall be made by it for expeditious disposal of the case within the period provided under the Statute itself, if there is no legal impediment. It is further directed that no unnecessary adjournment will be sought/granted. 7. It is also made clear that the Court / Presiding Officer is not the only stake holder of 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 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 :- 10.7.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad