Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 74050 (ALL)

PRABHUNATH YADAV v. STATE OF U.P. AND ANOTHER

NA529/2184/2025 · 2025-07-28

Nalin Kumar Srivastava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:125269 Court No. - 83 Case :- APPLICATION U/S 529 BNSS No. - 2184 of 2025 Applicant :- Prabhunath Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Km. Anjana 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 Complaint Case No. 52504 of 2023, under Section 138 Negotiable Instruments Act, P.S.- Shahpur, District- Gorakhpur pending in the Court of learned Additional Civil Judge (S.D.)-I/ A.C.J.M., 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 the applicant is the complainant in the aforesaid case. It is further submitted that opposite party no.2 is not cooperating with the Court concerned due to which even the statement of accused has not been recorded so far. The Court concerned is not taking proper interest to decide the said case. Applicant in this case has suffered monetary loss. 4. I have considered the submissions and perused the entire record. 5. In the circumstances, the trial court is directed to record the statement of accused preferably within a period of one month from today and thereafter all possible endeavours shall be made by the trial Court to dispose of the matter within the stipulated period of time provided in the Act itself, if there is no legal impediment. 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 :- 29.7.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad