Allahabad High Court
VIJAY SINGHversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- VIKRAM D CHAUHAN
Holding
The High Court directed the Additional Chief Judicial Magistrate‑3, Gorakhpur to dispose of the complaint within six months.
Summary
The petitioner, Vijay Singh, filed a petition under Article 227 of the Constitution seeking a direction to the Additional Chief Judicial Magistrate‑3, Gorakhpur, to conclude a pending complaint (Case No. 5036 of 2020) filed under Section 138 of the Negotiable Instruments Act. The petitioner argued that the magistrate had unduly delayed the trial and requested a time‑bound disposal. The High Court, after considering the facts and the petitioner's counsel, exercised its supervisory jurisdiction and ordered the magistrate to decide the case within six months of the certified copy of the order. No substantive merits of the complaint were examined; the order was purely procedural. The petition was therefore disposed with the said direction.
Issues considered
- Whether the High Court can, under its supervisory jurisdiction under Article 227, direct a lower court to dispose of a pending criminal complaint within a specified time frame
- Whether the delay in adjudicating a complaint under Section 138 of the Negotiable Instruments Act warrants such supervisory intervention
Legislation cited
- Negotiable Instruments Act, 1881 — s. 138
Subjects
- Article 227
- Negotiable Instruments Act
- Section 138
- supervisory jurisdiction
- time bound disposal
- magistrate
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12990 of 2026
Vijay Singh
.....Petitioner(s)
Versus
State of U.P. and Another
.....Respondent(s)
Counsel for Petitioner(s) : Runjhun Verma
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, an order or direction to the Additional Chief Judicial Magistrate- 3,
Gorakhpur to conclude the Complaint Case No. 5036 of 2020 (Vijay Singh Vs. Manish
Kumar), under section 138 of N.I. Act, Police Station- Cantt., District- Gorakhpur,
pending before the court of Additional Chief Judicial Magistrate-3. Gorakhpur,
expeditiously within stipulated time as fix by this Hon'ble Court."
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.
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 Additional Chief Judicial Magistrate- 3, Gorakhpur to decide
the Complaint Case No. 5036 of 2020 (Vijay Singh Vs. Manish Kumar),
under Section 138 of N.I. Act, Police Station- Cantt., District- Gorakhpur
within a period of six months from the date of production of a certified copy
of this order.
(Vikram D. Chauhan,J.)
September 18, 2026
D. Tamang
Digitally signed by :-
DHIRENDRA TAMANG
High Court of Judicature at Allahabad
Checking your session…