Allahabad High Court
SMT KIRTI PANDEYversusSMT. PUSHPA PANDEY AND 4 OTHERS
- Decided
- Bench
- VIKRAM D CHAUHAN
Holding
The High Court directed the Judicial Magistrate Court No. 9, Kanpur Nagar to decide the case within twelve months from the production of a certified copy of the order.
Summary
The petitioner, Smt Kirti Pandey, a complainant-wife whose husband had died, filed a writ petition under Article 227 seeking a direction to the Judicial Magistrate Court No. 9, Kanpur Nagar, to expedite the trial of case No. 7630 of 2019 under IPC section 406 and to decide the respondents' discharge application. The High Court examined the petitioner's request for a time‑bound disposal of the pending criminal proceedings. Relying on its supervisory jurisdiction, the Court found that it could issue a directive to the subordinate court to avoid undue delay. Consequently, the Court ordered the magistrate to decide the case within twelve months from the date a certified copy of the order is produced. No other substantive issues were raised, and the petition was disposed with the said direction.
Issues considered
- Whether the High Court, exercising its supervisory jurisdiction under Article 227, can direct a subordinate Judicial Magistrate Court to decide a pending criminal case within a specified time frame.
Legislation cited
- Indian Penal Code — s. 406
Subjects
- Article 227
- supervisory jurisdiction
- writ petition
- time bound disposal
- IPC 406
- criminal breach of trust
- delay in criminal proceedings
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12408 of 2026
Smt Kirti Pandey
.....Petitioner(s)
Versus
Smt. Pushpa Pandey And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Kirti Pandey
Counsel for Respondent(s) :
Court No. - 55
HON'BLE VIKRAM D. CHAUHAN, J.
1. Heard the petitioner in person and learned A.G.A. for the State.
2. The present writ petition is filed with the following prayer:-
"1. Issue an order or direction to direct the pleased to direct the
subordinate court, Learned Judicial Magistrate court no.9, Kanpur
Nagar to decide the Case No. 7630 of 2019 under section 406 Indian
Penal Code police station Panki, District Kanpur Nagar expeditiously
and preferably within three months or any stipulated time fixed by this
Hon'ble Court during the pendency of the present petition before this
Hon'ble Court.
2. Issue an order or direction to direct the Learned Judicial Magistrate
court no. 9 , Kanpur Nagar to decide the discharge application filed by
the respondents expeditiously and preferably within one month or any
stipulated time fixed by this Hon'ble Court during the pendency of the
present petition before this Hon'ble Court."
3. The petitioner submits that the proceedings before the court concerned
be directed to be concluded in a time bound manner. It is submitted by the
petitioner that the petitioner is the complainant-wife and the husband is
died and the proceeding is pending since 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, Court No.9, Kanpur Nagar to decide
A227 No. 12408 of 2026
2
the Case No. 7630 of 2019 under section 406 Indian Penal Code police
station Panki, District Kanpur Nagar within a period of twelve months
from the date of production of a certified copy of this order.
(Vikram D. Chauhan,J.)
September 9, 2026
Aiman
Digitally signed by :-
AIMAN FAROOQUI
High Court of Judicature at Allahabad
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