Allahabad High Court
RAKESH CHAURASIYAversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The High Court directed the Additional Chief Judicial Magistrate to decide the pending criminal case expeditiously, without unnecessary adjournments, as there is no legal impediment.
Summary
The applicant Rakesh Chaurasiya filed an application under Section 529 of the Bhartiya Nagrik Suraksha Sanhita, 2023, seeking a direction to the Additional Chief Judicial Magistrate, Court No. 3, Gautam Buddh Nagar, to dispose of criminal case No. 162 of 2026 (arising from crime No. 399 of 2025 under IPC sections 420, 406 and 506) within the stipulated period. The High Court noted that the case had been pending since 2025 and, without addressing the merits, ordered that the magistrate decide the case as expeditiously as possible, avoiding unnecessary adjournments, provided no legal impediment exists. The court emphasized adherence to law and procedural efficiency. Consequently, the application was disposed of with the said direction. The order was pronounced on 18 September 2026 by Justice Sanjay Kumar Pachori.
Issues considered
- Whether Section 529 of the Bhartiya Nagrik Suraksha Sanhita empowers the High Court to direct a magistrate to expedite a pending criminal trial.
- Whether any legal impediment exists that would prevent the magistrate from deciding the case within the stipulated period.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 529
- Indian Penal Code — s. 406, 420, 506
Subjects
- Section 529
- speedy trial
- adjournment
- criminal procedure
- magistrate
- Allahabad High Court
- Bhartiya Nagrik Suraksha Sanhita
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 3866 of 2026
Rakesh Chaurasiya
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Ashish Tiwari, Laxmi Paswan, Pankaj
Kumar Mishra
Counsel for Opposite Party(s) : G.A.
Court No. - 77
HON'BLE SANJAY KUMAR PACHORI, J.
Heard Shri Laxmi Paswan, 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. 3, Gautam
Buddh Nagar to decide the criminal case No. 162 of 2026, arising out of case
crime No. 399 of 2025, under Sections 420, 406, 506 of I.P.C., Police
Station- Phase-II, District Middle Commissionerate, Gautam Buddh
Nagar within stipulated period.
Considering the fact that the case is pending since 2025, 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. 3,
Gautam Buddh Nagar to decide the aforesaid case in accordance with law, as
expeditiously as possible, 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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