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Allahabad High Court

JAI PRAKASH JAISWALversusSTATE OF U.P. AND ANOTHER

Decided

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

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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