Allahabad High Court
DINESH KUMARversusMURARI LAL AND 2 OTHERS
- Decided
- Bench
- VIKRAM D CHAUHAN
Holding
The High Court directed the Additional Session Judge/Special Judge to decide the application under Section 358 of the BNSS within three months.
Summary
Petitioner Dinesh Kumar, an informant, filed a petition under Article 227 seeking a direction to the Additional Session Judge/Special Judge (Essential Commodities Act) of Bareilly to decide an application filed under Section 358 of the BNSS, which has been pending since 2025 and relates to a criminal case (Crime No.1157/2006, Section 302 IPC). The petitioner argued that the delay would cause irreparable loss. The High Court, after considering the facts and the petitioner's submissions, exercised its supervisory jurisdiction and ordered the lower court to decide the pending application within three months of receiving a certified copy of the order. The order was issued on May 5, 2026, and the petition was disposed with the said direction.
Issues considered
- Whether the High Court, under Article 227, can direct a lower court to decide a pending application under Section 358 of the BNSS within a specified time frame.
- Whether the delay in deciding the application amounts to irreparable loss warranting judicial intervention.
Legislation cited
- Bihar Narcotic Substances (Control) Act — s. 358
- Indian Penal Code — s. 302
Subjects
- Article 227
- High Court supervisory jurisdiction
- Direction to lower court
- Pending application
- Time-bound order
- Section 358 BNSS
- Section 302 IPC
- Criminal trial
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 6213 of 2026
Dinesh Kumar
.....Petitioner(s)
Versus
Murari Lal And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Pooja Chand Dwivedi, Saumya Singh,
Sneha Shukla
Counsel for Respondent(s) :
Court No. - 73
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:-
"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be
pleased to Court may graciously be pleased to issue a suitable order or direction to
the learned Additional Session Judge/Special Judge Essential Commodities Act,
District Bareilly to decide Application under section 358 of BNSS in Case Crime No.-
1157/2006 u/s 302 I.P.C. P.S.-Aonla, District- Bareilly in Session Trial No.-288 of
2009 (State vs Hari Singh and Others) pending before the court of Additional Session
Judge/Special Judge Essential Commodities Act, District- Bareilly expeditiously
within a time bound period as may be fixed by this Hon'ble Court, failing which
petitioner shall suffer irreparable loss and injury and/or may pass such other and
further order which this Hon'ble Court may deem fit and proper under the facts and
circumstances of the present case."
3. Learned counsel for petitioner submits that petitioner is informant and
seeks direction for deciding the application under Section 358 of BNSS,
which is pending since 2025.
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 Session Judge/Special Judge Essential Commodities Act,
District Bareilly to decide the application under section 358 of BNSS in
A227 No. 6213 of 2026
2
Case Crime No.1157 of 2006 under Section 302 I.P.C., P.S.-Aonla, District-
Bareilly in Session Trial No.-288 of 2009 (State Vs Hari Singh and others)
within a period of three months from the date of production of a certified
copy of this order.
(Vikram D. Chauhan,J.)
May 5, 2026
D. Tamang
Digitally signed by :-
DHIRENDRA TAMANG
High Court of Judicature at Allahabad
Checking your session…