Allahabad High Court
BABITA RANIversusSATISH PRAKASH AND 2 OTHERS
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The Court directed the Civil Judge (Senior Division), Meerut to decide Misc. Case No. 242 of 2025 within three months, without deciding the merits of the underlying dispute.
Summary
The petitioner, Babita Rani, filed a writ petition under Article 227 seeking a direction to the Civil Judge (Senior Division) of Meerut to decide Miscellaneous Case No. 242 of 2025, which arose from an application under Section 379 of the BNSS 2023 (equivalent to Section 340 of the CrPC). The petition solely requested expeditious disposal of that miscellaneous case. The Court observed that no substantive merits needed to be decided and that the appropriate relief was a procedural direction. Accordingly, the Court ordered the Civil Judge to hear all parties and decide the case within three months of the certified copy of the order. The writ petition was disposed without any merits adjudication.
Issues considered
- Whether the High Court can issue a direction for the Civil Judge to decide a miscellaneous case filed under Section 379 of BNSS 2023 within a stipulated period
Legislation cited
- BNSS, 2023 — s. 379
- Code of Criminal Procedure, 1973 — s. 340
Subjects
- Article 227
- Writ petition
- Section 379 BNSS 2023
- Section 340 CrPC
- Expeditious disposal
- Civil Judge (Senior Division)
- Procedural direction
- High Court of Allahabad
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12347 of 2026
Babita Rani
.....Petitioner(s)
Versus
Satish Prakash And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Brijesh Kumar Chaturvedi, Shri Ram
Pandey
Counsel for Respondent(s) :
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. This writ petition has been filed with the following prayer;
"Issue an order or direction to the Civil Judge (Senior Devision),
District-Meerut, to decide the Misc. Case No. 242 of 2025 (Babita
Rani Vs. Satish Prakash and 2 others) under Section 379 of BNSS
2023 pending in Original Suit No. 142/2025 within stipulated
period."
2. It is contended that in the suit filed by plaintiff respondents an application
has been moved by defendant petitioner under Section 379 of B.N.S.S. 2023
(Section 340 CrPC). The said application has been registered as Misc. Case
No. 142 of 2025. The sole prayer made in writ petition is for expeditious
disposal of the said misc. case.
3. No useful purpose would be served in keeping the matter pending or calling
for counter affidavit, or issuing notice to private respondents, writ is being
disposed of, at the admission stage, with a direction upon the Civil Judge
(Senior Division), Meerut to decide the Misc. Case No. 242 of 2025, in
accordance with law, after hearing all affected parties, preferably within a
period of three months from the date of production of certified copy of this
order.
4. With the aforesaid directions, writ petition stands disposed of. It is made
clear that this Court has not adjudicated the matter on merits.
September 9, 2026
Shekhar
(Rohit Ranjan Agarwal,J.)
Digitally signed by :-
SHASHI SHEKHAR PANDEY
High Court of Judicature at Allahabad
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