Allahabad High Court

SANJAY DUBEversusAVNEESH UPADHAYA

Decided: 13 September 2026
Bench: VIKRAM D CHAUHAN

Holding

The Court held that without showing exceptional circumstances, it cannot direct the lower court to set a time‑bound schedule and therefore dismissed the petition.

Summary

The petitioner, Sanjay Dube, filed a petition under Article 227 seeking a direction to the Additional Chief Judicial Magistrate's Court to dispose of suit No.207/XII/2025, which involves a complaint under Section 138 of the Negotiable Instruments Act, within a stipulated period. The petitioner argued that speedy trial is essential and cited a recent Supreme Court decision. The Court referred to the Supreme Court judgment in High Court Bar Association v. State of U.P. (2023 INSC 150), which held that constitutional courts should not fix time‑bound schedules except in exceptional circumstances. Since the petitioner failed to demonstrate any such exceptional circumstances, the Court declined to issue the direction. The petition was disposed, with liberty to the petitioner to approach the lower court directly for expeditious disposal, and instructions were given to the prosecution and the accused regarding cooperation and adjournments.

Issues considered

Can the High Court, exercising its supervisory jurisdiction under Article 227, direct a lower court to decide a case within a stipulated time?
Are there exceptional circumstances that justify such a time‑bound direction?
Is the petitioner entitled to the relief sought for speedy disposal of the suit under Section 138 of the Negotiable Instruments Act?

Legislation cited

Negotiable Instruments Act — s. 138

Subjects

Article 227
supervisory jurisdiction
time‑bound disposal
Section 138
Negotiable Instruments Act
speedy trial
exceptional circumstances

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12673 of 2026

Sanjay Dube
.....Petitioner(s)
Versus

Avneesh Upadhaya
.....Respondent(s)

Counsel for Petitioner(s) : Ayushman Mishra, Ved Prakash
Mishra
Counsel for Respondent(s) :

Court No. - 55
HON'BLE VIKRAM D. CHAUHAN, J.

1. Heard learned counsel for the petitioner and learned AGA for the State.

2. The present petition has been filed by the petitioner with the following
relief:-

"(i) Issue direction directing to the Court below to decide suit
no.207/XII/2025 (Sanjay Dube Vs. Avneesh Upadhaya) under Section 138
Ν.Ι. Act, P.S. Cantt, District-Prayagraj on 05.04.2025 within stipulated
period, pending in the court of leaned Additional Chief Judicial
Magistrate, Court No.5, Allahabad."

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. Learned AGA submits that the speedy trial is one of the essential
requirement of judicial process and he submits that the present petition
may be decided in terms of judgement dated 29.2.2024 passed by
Supreme Court in High Court Bar Association, Allahabad Vs State of
U.P and others – 2023 INSC 150.

5. The prayer in the present petition by the petitioner is for disposal of the
above mentioned case in a time bound manner. The Supreme Court in a
recent judgement dated 29.2.2024 being High Court Bar Association,
A227 No. 12673 of 2026
2

Allahabad Vs State of U.P and others (supra) has held as under :-

"Constitutional Courts, in the ordinary course, should refrain from fixing
a time-bound schedule for the disposal of cases pending before any other
Courts. Constitutional Courts may issue directions for the time-bound
disposal of cases only in exceptional circumstances. The issue of
prioritising the disposal of cases should be best left to the decision of the
concerned Courts where the cases are pending; and"

6. Learned counsel for the petitioner has not shown any exceptional
circumstances to issue direction at this stage. Considering the nature of
prayer made by counsel for the petitioner, the interest of justice would be
served, in the event, the petitioner applies before the court concerned for
expeditious disposal of the above mentioned case.

7. In view of the aforesaid, the present petition is disposed of with liberty
to the petitioner to prefer an application before the court concerned for
disposal of the above mentioned case in a time bound manner. In the
event any such application is filed by the petitioner before the court
concerned, the court concerned shall consider the same and pass
appropriate order in accordance with law. It goes without saying that the
prosecution shall co-operate in the trial court proceeding and shall
produce the prosecution witness without delay. The accused person shall
also not be granted any unnecessary adjournment by the court concerned.

8. It is also provided that in the event there is any legal impediment before
the court concerned in disposal of the case, then the court concerned shall
pass an appropriate order disclosing the legal impediment as to why the
proceedings of the above mentioned case cannot be proceeded with.

9. The present petition is accordingly disposed of with the aforesaid
direction.

(Vikram D. Chauhan,J.)
September 14, 2026
VMA

Digitally signed by :-
VISHWA MOHAN ARORA
High Court of Judicature at Allahabad

Continue reading with your account

Checking your session…