Allahabad High Court
DURGA WATIversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- PRASHANT MISHRA I
Holding
The High Court may, under Section 529 of the B.N.S.S., issue a direction for expeditious disposal of a pending case, provided there is no legal impediment.
Summary
The applicant, Durga Wati, filed an application under Section 529 of the B.N.S.S. seeking an order that the pending family‑court case (Case No. 115 of 2026) be disposed of expeditiously. The trial case involved a claim under Section 125(3) of the Criminal Procedure Code and Section 144(3) of the B.N.S.S. and was pending before the Additional Principal Judge, Family Court, Mathura. The applicant argued that the matter had not reached a logical conclusion and required a swift decision. The State’s counsel raised no objection to the request. The High Court, noting the absence of any legal impediment, directed the trial court to decide the matter within two months of the certified copy of the order and to avoid unnecessary adjournments. The application was consequently disposed of.
Issues considered
- Whether the High Court can direct a trial court to dispose of a pending family‑court matter within a specified time frame under Section 529 of the B.N.S.S.
Legislation cited
- B.N.S.S. — s. 144, 529
- Code of Criminal Procedure, 1973 — s. 125
Subjects
- expeditious disposal
- adjournment
- family court
- Section 125 CrPC
- B.N.S.S.
- procedural direction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 2514 of 2026
Durga Wati
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Rajesh Kumar Gautam
Counsel for Opposite Party(s) : G.A.
Court No. - 84
HON'BLE PRASHANT MISHRA-I, J.
1. Heard Mr. Rajesh Kumar Gautam, 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 Case No. 115 of 2026 (Durgawati Vs. Harendra
Kumar), under Section 125(3) Cr.P.C./144(3) of B.N.S.S., Police Station
Raya, District Mathura, pending in the court of learned Additional Principal
Judge, Family Court, Mathura, within stipulated time.
3. Learned counsel for the applicant submitted that the present case is
pending 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 two months from the date of production of
certified copy of this order, without granting any unnecessary
adjournment to either of the parties, if there is no legal impediment.
6. With the aforesaid direction, this application is disposed of.
(Prashant Mishra-I,J.)
May 18, 2026
A. Mandhani
Digitally signed by :-
ABHISHEK MANDHANI
High Court of Judicature at Allahabad
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