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2025 DAILYLAW 73227 (ALL)

DURGA PRASAD v. STATE OF U.P. AND ANOTHER

NA529/2136/2025 · 2025-07-10

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:111176 Court No. - 83 Case :- APPLICATION U/S 529 BNSS No. - 2136 of 2025 Applicant :- Durga Prasad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Hari Narayan 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 Criminal Case No. 5173 of 2022, under Section 138 Negotiable Instrument Act, Police Station Harraiya, District Basti pending in the Court of Civil Judge (JD) FTC, 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 is submitted by the learned counsel for the applicant that the case is pending since the year 2022 as the accused / opposite party no.2 is absconding and no effective proceedings are being taken place in this case. However, from the perusal of the order sheets appended with the affidavit an adverse situation is found by the Court. The order sheets reflect that this is the complainant himself who is not appearing before the Court concerned to adduce his evidence. Needless to say that evidence may be adduced by the applicant / complainant himself but it is very strange that instead of adducing evidence, the applicant / complainant unnecessarily knocked at the door of this Court, which is not a good practice. Hence, there is no justification to issue direction to the Court concerned for expeditious disposal of the said case. The application is liable to be rejected and the same is accordingly rejected. Order Date :- 11.7.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad