Allahabad High Court
SHAZIA HIDAYATversusSTATE OF UP AND ANOTHER
- Decided
- Bench
- VIKRAM D CHAUHAN
Holding
The High Court directed the Additional Chief Judicial Magistrate to decide the complaint within six months, thereby exercising its supervisory jurisdiction under Article 227.
Summary
The petitioner, Shazia Hidayat, filed a petition under Article 227 seeking a direction to the Additional Chief Judicial Magistrate VII, Aligarh to expedite the trial of complaint No‑3126/2019 filed under Section 138 of the Negotiable Instruments Act, 1881. The petitioner alleged that the proceedings were unduly delayed and requested a time‑bound conclusion. The High Court, after considering the facts and the counsel’s submissions, 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 underlying criminal complaint were examined. The order was issued on 18 September 2026, and the petition was disposed with the said direction. The decision underscores the Court’s power to ensure speedy trial in criminal matters under its supervisory jurisdiction.
Issues considered
- Whether the High Court can, under Article 227, direct a lower criminal court to conclude a pending complaint under Section 138 of the Negotiable Instruments Act within a specified time‑frame
Legislation cited
- Negotiable Instruments Act, 1881 — s. 138
Subjects
- Section 138
- Negotiable Instruments Act
- Article 227
- Supervisory jurisdiction
- Speedy trial
- Criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13005 of 2026
Shazia Hidayat
.....Petitioner(s)
Versus
State of U.P. and Another
.....Respondent(s)
Counsel for Petitioner(s) : Qazi Vakil Ahmad
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:-
"A. direct the Learned Court of Additional Chief Judicial Magistrate VIIth Aligarh to
expedite and conclude the proceeding of complaint case No-3126/2019 (Shazia
Hidayat v/s Tanmay Gupta) U/s- 138 of The Negotiable Instrument Act, 1881."
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
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 VIIth, Aligarh to decide the
Complaint Case No.3126 of 2019 (Shazia Hidayat Vs. Tanmay Gupta) under
Section 138 of The Negotiable Instruments Act, 1881 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
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