Allahabad High Court
PRAMOD KUMAR TYAGIversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- PRASHANT MISHRA I
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
- Code of Criminal Procedure, 1973 — s. 529
- Negotiable Instruments Act, 1881 — s. 138
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
Checking your session…