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Allahabad High Court

PRAMOD KUMAR TYAGIversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The court directed the trial court to decide the complaint expeditiously within six months, if no legal impediment exists, and disposed of the application.

Summary

The applicant, Pramod Kumar Tyagi, filed an application under Section 529 of the Code of Criminal Procedure seeking an expeditious disposal of a pending complaint (Case No. 1217 of 2024) filed under Section 138 of the Negotiable Instruments Act. The complaint, registered at Sadabad Police Station, was before the Additional Chief Judicial Magistrate, Hathras, and a bailable warrant had been issued against the accused. The applicant argued that the trial court was causing undue delay, while the State's Additional Government Advocate raised no objection to the request. The court examined the record and found no substantive impediment to a speedy trial. Consequently, it directed the trial court to decide the matter within six months of the certified copy of the order, avoiding unnecessary adjournments. The application was thereafter disposed of.

Issues considered

  • Whether the trial court should be directed to dispose of the Section 138 NI Act complaint expeditiously within a six‑month period?

Legislation cited

Subjects

  • expeditious disposal
  • Section 529 CrPC
  • Section 138 NI Act
  • bailable warrant
  • adjournment

Judgment

                                                   HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     APPLICATION U/S 529 BNSS No. - 2363 of 2026

                                    Pramod Kumar Tyagi
                                                                                                   .....Applicant(s)
                                                                        Versus

                                    State of U.P. and Another
                                                                                                        .....Opposite
                                                                                                              Party(s)

                                    Counsel for Applicant(s)      : Ashutosh Shukla, Chandra Bhushan
                                                                    Tiwari, Siblu Panday
                                    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. 1217 of 2024 (Pramod
                                    Kumar Tyagi Vs. Anand J.P.), under Section 138 N.I. Act, Police Station
                                    Sadabad, District Hathras, pending in the court of learned Additional Chief
                                    Judicial Magistrate, Sadabad, District Hathras, within stipulated time.

                                    3. Learned counsel for the applicant submitted that the learned trial court has
                                    issued bailable warrant against the accused in the matter.

                                    4. Learned A.G.A. has no objection to the innocuous prayer of the applicant.

                                    5. In view of the above, it is directed that the learned trial court concerned
                                    shall make all endeavour to decide the aforesaid 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 impediment, without granting
                                    unnecessary adjournments to either of the parties.

                                    6. With the aforesaid direction, this application is disposed of.



                                                                                           (Prashant Mishra-I,J.)
                                    May 12, 2026
                                    Kashifa




Digitally signed by :-
KASHIFA
High Court of Judicature at Allahabad


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