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Allahabad High Court

JITENDRA KUMAR KANAUJIAversusSTATE OF U.P. AND ANOTHER

Decided

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

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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