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2026 DAILYLAW 13758 (ALL)

BHAGYAPAL v. STATE OF U.P. AND ANOTHER

NA529/4824/2026 · 2026-10-08

Jai Prakash Tiwari

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 529 BNSS No. - 4824 of 2026 Court No. - 82 HON'BLE JAI PRAKASH TIWARI, J. Heard learned counsel for the applicant and learned A.G.A for the State as also perused the record. This application under Section 529 BNSS has been filed seeking direction to the court concerned to decide the Complaint Case No. 63 of 2024 (Sri Bhagyapal vs. Ram Avatar), under Section 138 N.I. Act, Police Station Sadabad, District Hathras, pending before the court of learned Additional Chief Judicial Magistrate, Sadabad, Hathras, within stipulated period. Learned counsel for the applicant submits that the present complaint case is pending since 15.02.2024. The court concerned summoned the accused vide order dated 26.5.2025, but the accused opposite party no. 2 did not come forward for pairvi in the pending proceedings of complaint. Learned counsel for the applicant, therefore, submits that, considering the considerable period for which the proceedings have remained pending, a suitable direction may be issued to the court concerned for expeditious disposal of the aforesaid case. Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, this application is finally disposed of with a direction to the court concerned to decide the aforesaid case and conclude the trial in accordance with law, keeping in view the procedure, as expeditiously as possible, without granting any unnecessary or long adjournments to either of the parties, as per the provision of Section 143(3) of the N.I. Act, if there is no other legal impediment. However, it Versus Counsel for Applicant(s) : Chakravarti Sisodia Counsel for Opposite Party(s) : G.A. Bhagyapal .....Applicant(s) State Of U.P. And Another .....Opposite Party(s) is expected that both the parties shall cooperate with the trial. October 9, 2026 Brijesh NA529 No. 4824 of 2026 2 (Jai Prakash Tiwari,J.) Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad