Allahabad High Court
ATIULLAH KHANversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- PRASHANT MISHRA I
Holding
The High Court ordered the trial court to decide the pending case within six months, barring undue adjournments, as there was no legal obstacle.
Summary
The applicant, Atiullah Khan, filed an application under Section 529 of the Criminal Procedure Code seeking expeditious disposal of a pending complaint under Section 138 of the Negotiable Instruments Act (Case No. 5311 of 2024) before the Judicial Magistrate, Farendra, District Maharajganj. The applicant argued that the case had been pending since 2024 without reaching a conclusion. The State, represented by the Additional Government Advocate, raised no objection to expediting the matter. The High Court, noting the prolonged pendency and the lack of any legal impediment, directed the trial court to decide the case within six months of receiving a certified copy of the order, prohibiting undue adjournments. The application was disposed of without issuing notice to the second opposite party, deemed an innocuous order, with a provision for aggrieved parties to approach the Court.
Issues considered
- Whether the High Court can direct expeditious disposal of a pending criminal case under Section 529 CrPC
- Whether any legal hurdle exists that would prevent a six‑month timeline for disposal
Legislation cited
- Code of Criminal Procedure, 1973 — s. 529
- Negotiable Instruments Act — s. 138
Subjects
- expeditious disposal
- Section 529 CrPC
- Section 138 NI Act
- pendency
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 2222 of 2026
Atiullah Khan
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Muhammad Azam
Counsel for Opposite Party(s) : G.A.
Court No. - 84
HON'BLE PRASHANT MISHRA-I, J.
1. Heard learned counsel for the applicant and learned A.G.A.
representing the State and perused the record.
2. The instant application has been preferred by the applicant
with a prayer for expeditious disposal of Complaint Case No.
5311 of 2024 (Atiullah Vs. Jitendra Yadav), under Section 138
N.I. Act, Police Station Kolhuee, District Maharajganj, pending
in the Court of learned Judicial Magistrate, Farendra, District
Maharajganj, within stipulated time.
3. Learned counsel for the applicant submitted that the present
case is pending since 2024 and the case has not culminated to
its logical conclusion.
4. Learned A.G.A. has no objection if the matter be expedited
in the interest of justice.
5. Keeping in view the period of pendency of the case, it is
directed that the learned trial court concerned shall make all
endeavour to decide this case expeditiously preferably within a
period of six months from the date of production of certified
copy of this order, if there is no legal hurdle, without
permitting undue adjournments to either of the parties.
NA529 No. 2222 of 2026
2
6. With the aforesaid direction, this application is disposed of
without issuing any notice to opposite party No. 2 as it is an
innocuous order. If opposite party No. 2 feels aggrieved, he
may approach this Court.
(Prashant Mishra-I,J.)
May 5, 2026
Kashifa
Digitally signed by :-
KASHIFA
High Court of Judicature at Allahabad
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