Allahabad High Court
SATVEER SINGHversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- PRASHANT MISHRA I
Holding
The trial court must decide the pending case within four months, and no notice to the second opposite party is required for this expeditious order.
Summary
The applicant filed an application under Section 529 of the Criminal Procedure Code seeking an expeditious disposal of Complaint Case No. 238 of 2022 (Satveer v. Charan Singh), which was pending under Section 138 of the Negotiable Instruments Act in the Special Court, Gautambudhnagar. The applicant argued that the case had been pending for an unduly long period without reaching a conclusion. The State's Additional Government Advocate (A.G.A.) raised no objection to expediting the matter. The High Court, noting the prolonged pendency, directed the trial court to decide the case within four months of receiving a certified copy of the order, barring any legal hurdles and without allowing undue adjournments. The Court disposed of the application without issuing notice to the second opposite party, deeming the order innocuous, and permitted any aggrieved party to approach the Court.
Issues considered
- Whether an application under Section 529 CrPC can be entertained to expedite a pending criminal case under Section 138 NI Act
- Whether notice to the second opposite party is required for such an order
Legislation cited
- Code of Criminal Procedure, 1973 — s. 529
- Negotiable Instruments Act — s. 138
Subjects
- Criminal Procedure
- Section 529
- Negotiable Instruments Act
- Section 138
- expeditious trial
- court order
- pendency
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 2259 of 2026
Satveer Singh
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Dheer Singh, Ram Bahadur Singh,
Suresh Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 84
HON'BLE PRASHANT MISHRA-I, J.
Heard learned counsel for the applicant and learned A.G.A. for the State
and perused the record.
The instant application has been preferred by the applicant with a prayer
to decide the Complaint Case No.238 of 2022 (Satveer Vs. Charan
Singh), under Section 138 Ν.Ι. Act, Police Station-Badalpur, District
Gautambudhanagar, pending in the court of Special Court
Gautambudhnagar, expeditiously.
Learned counsel for the applicant submitted that present case is pending
since long and the case has not culminated to its logical conclusion.
Learned A.G.A. has no objection if the matter be expedited in the interest
of justice.
Keeping in view the period of pendency of the case, it is directed that the
learned trial court shall make all endeavour to decide this case
expeditiously preferably within a period of four months from the date of
production of certified copy of this order, if there is no legal hurdle,
without permitting undue adjournments to either sides.
With this direction, this application is disposed of without issuing any
notice to O.P. No. 2 as it is an innocuous order. If the O.P. No. 2 feels
aggrieved, he may approach this Court.
(Prashant Mishra-I,J.)
May 6, 2026
Saurabh
Digitally signed by :-
SAURABH
High Court of Judicature at Allahabad
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