R.K. TRADERS, RUNKATA MOD, NEAR DHARMKATA, ABHUAPURA, TEHSIL KIRAWALI, DISTRICT AGRA, THROUGH KEDAR v. STATE OF U.P. AND ANOTHER
A483/95/2025 · 2025-01-31
Nalin Kumar Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 8587 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 8587 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:14816 Court No. - 82 Case :- APPLICATION U/S 483 No. - 95 of 2025 Applicant :- R.K. Traders, Runkata Mod, Near Dharmkata, Abhuapura, Tehsil Kirawali, District Agra, Through Kedar Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Raunak Gupta Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. The present application under Section 483 Cr.P.C. has been filed with a prayer to direct the learned Additional Chief Judicial Magistrate, Court No.5, Agra, to decide the Complaint Case No. 149 of 2019, under Section 138 of Negotiable Instrument Act, Police Station Hariparvat, District Agra expeditiously within a stipulated period.
3. It is submitted by learned counsel for the applicant that the aforesaid case was filed in 2019 and the summoning order was passed against the opposite party no.2 but the matter is still pending at the stage of appearance of opposite party no.2. The opposite party no.2 never appeared before the Court concerned even punitive processes were issued against him. He is adopting delaying tactics in disposal of the case.
4. I have considered the submissions and perused the record.
5. It reveals from the perusal of the order sheets that the aforesaid case is pending since 2019 at the stage of appearance of opposite party no.2. He is not cooperating with the progress of the case. It is reminded that the criminal Courts are never toothless or powerless to ensure compliance of its own orders by the concerned police and administrative authorities. They have got ample powers for the same under law itself. The trial court is expected to invoke its power to ensure service of process upon the opposite party no.2, which is sent under its seal and order in order to procure his presence.
6. In the circumstances, the Court concerned is directed to invoke
the powers given to it under law to ensure the presence of the opposite party no.2 by sending appropriate process to him within three 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, 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 :- 31.1.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad