Allahabad High Court
JITENDRA KUMAR KANAUJIAversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- VIKRAM D CHAUHAN
Holding
The High Court held that it may issue a writ of mandamus under Article 227 directing the Judicial Magistrate to dispose of the criminal case within six months.
Summary
The petitioner, Jitendra Kumar Kanaujia, filed a petition under Article 227 seeking a writ of mandamus to compel Judicial Magistrate IV, Prayagraj to decide Criminal Case No. 2576 of 2024 (under Section 138 of the Negotiable Instruments Act) against Daud Khan. The petitioner, who is the complainant, argued that the trial was unduly delayed and should be concluded expeditiously in line with Supreme Court guidelines. The Court examined whether a High Court can direct a lower criminal court to dispose of a case within a fixed period and whether mandamus is the appropriate remedy. Considering the facts and the need for timely justice, the Court ordered the magistrate to decide the case within six months of the certified copy of the order. The petition was therefore disposed with a specific time‑bound direction to the lower court.
Issues considered
- Whether a writ of mandamus can be issued under Article 227 to direct a Judicial Magistrate to decide a pending criminal case within a stipulated time
- Whether the High Court may impose a specific time limit on the disposal of a criminal trial under Section 138 of the Negotiable Instruments Act
Legislation cited
- Negotiable Instruments Act, 1881 — s. 138
Subjects
- Article 227
- mandamus
- time‑bound trial
- Negotiable Instruments Act
- Section 138
- judicial review
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12179 of 2026
Jitendra Kumar Kanaujia
.....Petitioner(s)
Versus
State of U.P. and Another
.....Respondent(s)
Counsel for Petitioner(s) : Nitin Agrawal, Priya Dimri
Counsel for Respondent(s) : G.A.
Court No. - 55
HON'BLE VIKRAM D. CHAUHAN, J.
1. Heard learned counsel for the petitioner and learned A.G.A. for the
State.
2. The present petition is filed with the following prayer:-
"i. Issue the Writ of Mandamus directing the Judicial Magistrate Iv,
Prayagraj to decide the Criminal Case No. 2576 of 2024, Jitendra Kumar
Kanaujia Versus Daud Khan most expeditiously, within a stipulated time
period fixed by this Hon'ble Court and strictly in accordance to the
guidelines of the Hon'ble Supreme Court held in various cases."
3. Learned counsel for the petitioner submits that the proceedings before
the court concerned be directed to be concluded in a time bound manner.
It is submitted by learned counsel for the petitioner that the petitioner is
the complainant before the court concerned.
4. Considering the facts and circumstances of the case and the submission
of learned counsel for the petitioner, the petition is disposed of with a
direction to the Judicial Magistrate IV, Prayagraj to decide the Criminal
Case No. 2576 of 2024 (Jitendra Kumar Kanaujia Vs. Daud Khan), under
Section 138 N.I. Act, P.S. Dhoomanganj, District Prayagraj, within a
period of six months from the date of production of a certified copy of
this order.
(Vikram D. Chauhan,J.)
September 8, 2026
VMA
Digitally signed by :-
VISHWA MOHAN ARORA
High Court of Judicature at Allahabad
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