Allahabad High Court
SMT JYOTIversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SHEKHAR KUMAR YADAV
Holding
The High Court may issue a direction under Section 529 BNSS compelling a lower court to decide a pending matter expeditiously.
Summary
The applicant, Smt. Jyoti, filed an application under Section 529 of the BNSS seeking a direction to the Principal Judge of Family Court‑II, Muzaffar Nagar, to decide the pending case No.1096 of 2025 (Jyoti v. Shubham Tomar) within a short, stipulated period. The High Court, after hearing counsel for both parties, considered the factual background but did not opine on the merits of the underlying family dispute. Relying on the provisions of Section 529 BNSS, the Court ordered the Family Court to render its judgment within six months of the certified copy of this order, prohibiting unnecessary adjournments. No substantive merits of the family case were addressed. The application was therefore disposed of with the directive to expedite the pending case.
Issues considered
- Whether the High Court can, under Section 529 BNSS, direct another court to decide a pending case within a specified time frame
Legislation cited
- BNSS — s. 529
Subjects
- Section 529
- BNSS
- expeditious trial
- family court
- court direction
- procedural law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 1184 of 2026
Smt Jyoti
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Vijay Kumar Pandey
Counsel for Opposite Party(s) : G.A.
Court No. - 50
HON'BLE SHEKHAR KUMAR YADAV, J.
1. Heard learned counsel for the applicant and learned Additional
Government Advocate for the State.
2. By means of this application, the only prayer made by the applicant is
that a direction be issued to the court of Principal Judge, Family Court-II,
Muzaffar Nagar to decide the Case No.1096 of 2025 (Smt. Jyoti Vs.
Shubham Tomar) under Section 147 BNSS, Police Station- Fugana,
District- Muzaffar Nagar, pending before him, expeditiously within a
short stipulated period.
3. Considering the facts of the case but without expressing any opinion on
the merits of the applicant's case, this application U/s 529 B.N.S.S. is
finally disposed of with a direction to the court concerned to decide the
aforesaid case in accordance with law within a period of six months
from the date of production of certified copy of this order, without
granting unnecessary adjournments to either of the parties as
expeditiously as possible, if there is no legal impediment.
(Shekhar Kumar Yadav,J.)
March 19, 2026
Krishna*
Digitally signed by :-
KRISHNA KUMAR
High Court of Judicature at Allahabad
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