Allahabad High Court
PRAMOD KUMAR TYAGIversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- PRASHANT MISHRA I
Holding
The Court held that, in the absence of any objection or legal impediment, the trial court must decide the pending case within six months and avoid unnecessary adjournments.
Summary
The applicant, Pramod Kumar Tyagi, filed an application under Section 529 of the Criminal Procedure Code seeking an expeditious disposal of a pending complaint (Case No. 1216 of 2024) under Section 138 of the Negotiable Instruments Act, which was at the stage of a bailable warrant. The counsel for the State, represented by the Additional Government Advocate, raised no objection to the applicant’s request. The High Court examined the record and noted that the matter had not progressed to its logical conclusion. The Court directed the trial court to decide the case within six months of the order, provided there is no legal impediment, and to refrain from granting unnecessary adjournments. Consequently, the application was disposed of with the said direction.
Issues considered
- Whether the trial court should be directed to dispose of the pending complaint case expeditiously under Section 529 CrPC?
- Whether any legal impediment exists that would prevent the trial court from adhering to a six‑month timeline?
Legislation cited
- Code of Criminal Procedure, 1973 — s. 529
Subjects
- Section 529 CrPC
- expeditious disposal
- bailable warrant
- adjournment
- High Court direction
- Negotiable Instruments Act
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 2368 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. 1216 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 matter is pending at
the stage of bailable warrant and the same has not culminated to its logical
conclusion.
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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