Disposed¶8

Ashok Kumar Shukla Alias Ashok Shukla v. State of U.P. and 2 Others

Allahabad HC11 Mar 2025NA529/321/2025

Case brief

AI extract

What is this about?

Section 529 BNSS; expeditious disposal direction to trial court; accused non-appearance; procurement of accused's presence; process service enforcement; three-month deadline from production of certified copy; no adjournment or exemption for accused; stake holders bound to assist; Kanpur Nagar; Case No.39672 of 2017; Sections 420 and 406 IPC; Police Station Colonelganj; informant's application; Allahabad High Court; Nalin Kumar Srivastava J.; order dated 12.3.2025; 2025:AHC:38097

What did the court decide?

Directions issued to the trial court to secure the accused's presence within three months from production of certified copy, to grant no adjournment or exemption for their appearance, and to pursue expeditious disposal absent legal impediment; all stakeholders bound to assist; application stands disposed of. ¶8

Ashok Kumar Shukla Alias Ashok Shukla Vs State of… — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

¶8

Issue for consideration

Whether the High Court should direct the trial court (Addl. Civil Judge (J.D.), Court No.3, Kanpur Nagar) to decide the pending Case No.39672 of 2017 expeditiously within a stipulated period. +1 more

¶1

Court's answer

Thereafter the court concerned shall strive for expeditious disposal of the aforesaid pending case, provided there is no legal impediment.

¶6

Ratio / Principle

The court has ample power under the law to pass suitable and effective orders to ensure compliance with its own order and to ensure effective service of process upon the accused.

¶5

Key takeaways

The Court concerned is directed to make all possible endeavours and effective steps to ensure the presence of the accused persons before it within three months from the date of production of certified copy of this order.ratio¶6
On every date fixed by the trial court the accused persons shall appear before the Court, and no adjournment or exemption for appearance will normally be granted to them on any ground whatsoever.ratio¶6

Detailed headnote1 paragraphs

Allahabad High Court, Court No.82 (Neutral Citation 2025:AHC:38097), Application U/S 529 BNSS No.321 of 2025, decided 12.3.2025 before Hon'ble Nalin Kumar Srivastava, J. Applicant-informant Ashok Kumar Shukla alias Ashok Shukla seeks direction to the Addl. Civil Judge (J.D.), Court No.3, Kanpur Nagar to expedite pending criminal Case No.39672 of 2017 (State Vs. Dilawar Hussain and others; Ss.420, 406 IPC; P.S. Colonelganj), stalled because the accused / opposite party nos.2 & 3 fail to appear despite repeated processes since cognizance taken on 24.7.2017. The Court holds that a court has ample power under the law to ensure compliance with its own order and effective service of process on the accused; directs the trial court to secure the accused persons' presence within three months from production of certified copy of the order; bars adjournment or exemption for the accused's appearance on dates fixed; mandates pursuit of expeditious disposal if there is no legal impediment; and declares police, executive authorities, counsels, parties and staff equally bound to assist the Court. Application disposed of.

¶1

Neutral Citation No. - 2025:AHC:38097

¶2

Court No. - 82

¶3

Case :- APPLICATION U/S 529 BNSS No. - 321 of 2025

¶4

Applicant :- Ashok Kumar Shukla Alias Ashok Shukla Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Girish Singh Counsel for Opposite Party :- G.A.

¶5

Hon'ble Nalin Kumar Srivastava,J.

¶6

This application under Section 529 BNSS has been filed with a prayer to direct the Court of Addl. Civil Judge (J.D.), Court No.3, Kanpur Nagar to decide the Case No.39672 of 2017 (State Vs. Dilawar Hussain and others) under Sections 420, 406 IPC, Police Station Colonelganj, District Kanpur Nagar pending before it, expeditiously within a stipulated period.

¶7

Heard learned counsel for the applicant as well as learned A.G.A. for the State.

¶8

It is submitted by the learned counsel for the applicant that the applicant is the informant in this case. On account of non-presence of the accused, no effective proceeding is going on in the said case. The case is pending since 2017. Several dates have been fixed in the matter but till date the case has not been decided. From the perusal of the record, particularly the copies of the order-sheet, it appears that after taking cognizance in this matter on 24.7.2017, the learned trial court proceeded to procure the presence of the accused but however the accused persons are not appearing.

¶9

I have considered the submissions and perused the entire record.

¶10

The present case is pending for appearance of the accused / opposite party nos.2 & 3 but they are not appearing despite several process sent to them. The court has ample power under the law to pass suitable and effective order to ensure the compliance of its own order and to ensure the service of the process sent to the accused under its name.

¶11

In the circumstances, the Court concerned is directed to make all possible endeavours and effective steps to ensure the presence of the accused persons before the court within a period of three months from the date of production of certified copy of this order.

¶12

It is also directed that on the date fixed by the trial court the accused persons shall appear before the Court and no adjournment or exemption for appearance will normally be granted to them on any ground whatsoever and thereafter all endeavours shall be made by the court concerned for expeditious disposal of the aforesaid case, as described above, if there is no legal impediment.

¶13

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.

¶14

With the above observations, the application stands disposed of.

¶15

Order Date :- 12.3.2025 ss

¶16

Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad

Ashok Kumar Shukla Alias Ashok Shukla v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Ashok Kumar Shukla Alias Ashok Shukla v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases