Allahabad High Court

ASHISH AGARWALversusSTATE OF U.P. AND ANOTHER

Decided: 17 September 2026
Bench: SANJAY KUMAR PACHORI

Holding

Section 529 empowers the High Court to issue a mandatory direction to the lower magistrate to decide the pending case expeditiously, and such direction is valid.

Summary

The applicant, Ashish Agarwal, filed an application under Section 529 of the Bhartiya Nagrik Suraksha Sanhita, 2023, seeking a direction to the Judicial Magistrate‑II, Jhansi to dispose of a pending complaint (Case No. 12883 of 2022) filed under Section 138 of the Negotiable Instruments Act. The complaint had been pending since 2022, and the applicant argued that the delay violated the right to a speedy trial. The court examined the material on record but did not delve into the merits of the underlying criminal complaint. Relying on the statutory power under Section 529 to ensure expeditious disposal of cases, the court directed the magistrate to decide the matter within six months, barring unnecessary adjournments. The order was issued without any further hearing, and the application was disposed of finally. The decision emphasizes judicial efficiency and the duty to avoid undue delay in criminal proceedings.

Issues considered

Whether the court can, under Section 529 of the Bhartiya Nagrik Suraksha Sanhita, 2023, direct a lower magistrate to dispose of a pending criminal case within a specified time frame.

Legislation cited

Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 529
Negotiable Instruments Act — s. 138

Subjects

Section 529
case management
expedited trial
Negotiable Instruments Act
delay
adjournment
judicial efficiency

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                APPLICATION U/S 529 BNSS No. - 2708 of 2026

                                    Ashish Agarwal
                                                                                                   .....Applicant(s)
                                                                        Versus
                                    State of U.P. and Another
                                                                                                      .....Opposite
                                                                                                            Party(s)

                                    Counsel for Applicant(s)      : Akhilesh Chandra            Dwivedi,    Kamal
                                                                    Kumar Singh
                                    Counsel for Opposite Party(s) : G.A.

                                    Court No. - 77
                                                   HON'BLE SANJAY KUMAR PACHORI, J.

                                    Heard Shri Akhilesh Chandra Dwivedi, learned counsel for the applicant,
                                    Shri A.K. Rai, learned A.G.A. 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 Judicial Magistrate-II, Jhansi to decide the Complaint Case
                                    No. 12883 of 2022, under Section 138 of Negotiable Instruments Act, Police
                                    Station Navabad, District Jhansi within stipulated period.

                                    Considering the fact that the case is pending since 2022, without expressing
                                    any opinion on the merits of the case, this application is finally disposed of
                                    with a direction to the Judicial Magistrate-II, Jhansi 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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