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Allahabad High Court

RAKESH CHAURASIYAversusSTATE OF U.P. AND 3 OTHERS

Decided

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

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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