Allahabad High Court
Jasram Rathaur vs State Of U.P. And Another on 7 July, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:106440 Court No. - 83 Case :- APPLICATION U/S 529 BNSS No. - 2014 of 2025 Applicant :- Jasram Rathaur Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vikas Srivastava Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J.
1. This application under Section 529 Bhartiya Nagrik Suraksha Sanhita (hereinafter referred to as B.N.S.S.) has been filed with a prayer to direct the learned trial court to decide Complaint Case No. 2511 of 2022, (Jasram Rathaur Vs. Saurabh Mishra), under Section 138 N.I. Act, Police Station Et, District Jalaun, pending before the learned Civil Judge (S.D.)/F.T.C., Jalaun at Orai, 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 before this Court is complainant. It is further submitted that the matter is pending since the year 202 at the stage of appearance of the accused-opposite party no. 2.
4. Learned A.G.A. opposed the prayer.
5. I have considered the submissions and perused the record. From perusal of the record, it appears that the matter is pending at the stage of appearance of the accused opposite party no. 2. 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 in the law itself. The trial court is expected to invoke its power to ensure service of process upon the accused persons, which is sent under its seal and order in order to procure the presence of the accused.
6. In the facts and circumstances of the case, the learned trial court is directed to invoke its powers given to it under law for procuring the presence of the accused-opposite party no. 2 within a period of three months from today and to make all the endeavours for expeditious disposal of the aforesaid case within stipulated period provided under N.I. Act, without granting any unnecessary adjournment to either of the parties and keeping in view the heavy workload in the said court, 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 execution authorities, advocates, parties to the case, staff 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 :- 7.7.2025 Rmk.