M/S LAXMI AGENCY CITY FUEL CENTRE v. STATE OF U.P. AND 3 OTHERS
NA529/2516/2025 · 2025-07-31
Nalin Kumar Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 79469 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 79469 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:129140 Court No. - 83 Case :- APPLICATION U/S 529 BNSS No. - 2516 of 2025 Applicant :- M/S Laxmi Agency City Fuel Centre Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Rudra Pratap 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 proceedings of Complaint Case No. 4995 of 2020, under Section 138 Negotiable Instruments Act, P.S.- Shahpur, District- Gorakhpur pending in the Court of learned Additional Chief Judicial Magistrate, Court No.2, 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 the matter is pending at the stage of recording the statement of accused persons under Section 313 Cr.P.C. 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. It appears from perusal of the record that earlier an application U/S 483 Cr.P.C. No. 84 of 2022 was moved by the present applicant which was
disposed of by this Court vide order dated 21.7.2022 directing the learned trial Court to decide this case expeditiously and preferably within a period of six months but however, the matter is still pending even after three years.
6. In the circumstances, the Court concerned is directed to make all endeavours for expeditious disposal of the case within the stipulated period of time provided in the Act itself, if there is no legal impediment.
7. 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.
8. With the above observations, the application stands disposed of.
Order Date :- 1.8.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad