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2025 DAILYLAW 77010 (ALL)

RAM KUMAR VERMA v. STATE OF U.P. AND ANOTHER

NA529/2380/2025 · 2025-07-24

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:123154 Court No. - 83 Case :- APPLICATION U/S 529 BNSS No. - 2380 of 2025 Applicant :- Ram Kumar Verma Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Saquib Mukhtar,Yawar Mukhtar 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. 316 of 2017, under Section 138 Negotiable Instruments Act, P.S.- Najibabad, District- Bijnor pending in the Court of learned Judicial Magistrate, Court No.2, Bijnor 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 the said case is pending since 2017. Although opposite party no.2 appeared but subsequently he absconded. It is further submitted that several process are being issued by the Court to procure his presence but he is still absconding. The Court concerned is not taking proper interest to decide the said case. Applicant in this case has suffered monetary loss. The accused is not cooperating with the case. 4. I have considered the submissions and perused the entire record. 5. In the circumstances, the Court concerned is directed to take all possible measures to procure the presence of the accused / opposite party no. 2 by sending appropriate process to him within two months 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 prescribed 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 :- 25.7.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad