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Neutral Citation No. - 2025:AHC:125731 Court No. - 83 Case :- APPLICATION U/S 529 BNSS No. - 2165 of 2025 Applicant :- Amarnath Sahani Opposite Party :- State of U.P. and Another Counsel for Applicant :- Chandra Kumar Singh,Santosh Kumar 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 Complaint Case No.5429 of 2016 under Section 138 Negotiable Instruments Act, P.S.- Kotwali, District- Gorakhpur pending in the Court of learned Additional Chief Judicial Magistrate-II, Gorakhpur 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 since the opposite party no.2/ accused is not appearing before the Court and has been absconding at the stage of cross examination of P.W.1/ the applicant, the matter is pending unnecessarily.
4. I have considered the submissions and perused the entire record.
5. In the circumstances, the trial Court concerned is directed to complete the cross-examination of the applicant/ P.W.1 preferably within a period of one month 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 within the stipulated period of time provided in the Act itself. It is further
directed that no unnecessary adjournment will be sought/granted.
6. 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.
7. With the above observations, the application stands disposed of.
Order Date :- 29.7.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad