Allahabad High Court
JAI PRAKASH JAISWALversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The High Court directed the Additional Chief Judicial Magistrate to decide the Section 138 complaint expeditiously, preferably within six months, and barred unnecessary adjournments.
Summary
The applicant filed an application under Section 529 of the Bhartiya Nagrik Suraksha Sanhita, 2023, seeking a court order directing the Additional Chief Judicial Magistrate, Court No. 19, Deoria, to dispose of a pending complaint (Case No. 4252 of 2023) under Section 138 of the Negotiable Instruments Act. The High Court noted that the complaint had been pending since 2023 and, without addressing the merits, directed the magistrate to decide the case within six months, prohibiting unnecessary adjournments, provided no other legal impediment exists. The order emphasized expeditious disposal in accordance with law. The application was consequently disposed of with the said direction. The judgment was delivered on September 18, 2026, by Justice Sanjay Kumar Pachori.
Issues considered
- Whether the High Court can, under Section 529 of the Bhartiya Nagrik Suraksha Sanhita, 2023, direct a lower magistrate to decide a pending criminal complaint within a specified time frame.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 529
- Negotiable Instruments Act — s. 138
Subjects
- Section 529
- Bhartiya Nagrik Suraksha Sanhita
- Negotiable Instruments Act
- Section 138
- expeditious trial
- adjournments
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 2591 of 2026
Jai Prakash Jaiswal
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Sarvottam Kumar Saini, Shyama Charan
Tripathi
Counsel for Opposite Party(s) : G.A.
Court No. - 77
HON'BLE SANJAY KUMAR PACHORI, J.
Heard Shri Ashish Mishra, Advocate holding brief of Shri Sarvottam Kumar
Saini, learned counsel for the applicant, Shri Puspraj Singh, learned brief
holder for the State and perused material on record.
The present application under Section 529 of Bhartiya Nagrik Suraksha
Sanhita, 2023 has been filed by the applicant with a prayer to issue a
direction to the Additional Chief Judicial Magistrate, Court No. 19, Deoria
to decide the complaint case No. 4252 of 2023, under Section 138 of
Negotiable Instruments Act, Police Station- Kotwali, District Deoria within
stipulated period.
Considering the fact that the case is pending since 2023, without expressing
any opinion on the merits of the case, this application is finally disposed of
with a direction to the Additional Chief Judicial Magistrate, Court No. 19,
Deoria to decide the aforesaid case in accordance with law, as expeditiously
as possible, preferably within a period of six months, after production of
certified copy of the order, without granting any unnecessary or long
adjournments to either of the parties, if there is no other legal impediment.
With the aforesaid directions, the application stands disposed of finally.
September 18, 2026
T. Sinha
(Sanjay Kumar Pachori,J.)
Digitally signed by :-
TRIPTI SINHA
High Court of Judicature at Allahabad
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