Allahabad High Court
VISHNU BAWRAversusSTATE OF U.P. AND 12 OTHERS
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The Court directed the Chief Judicial Magistrate, Mathura, to decide the pending inquiry within six months, subject to the absence of any legal impediment.
Summary
The applicant, Vishnu Bawra, filed an application under Section 529 of the Bhartiya Nagrik Suraksha Sanhita, 2023, seeking a court order directing the Chief Judicial Magistrate of Mathura to conclude the inquiry in Complaint Case No. 80117 of 2025, which involves offences under Sections 302, 420, 392, 120‑B and 506 of the IPC. The inquiry had been pending since 2025. The High Court, without examining the merits of the criminal case, considered whether it could issue a directive under the 2023 statute to expedite the pending inquiry. The Court held that it could direct the magistrate to decide the case as expeditiously as possible, preferably within six months, provided no other legal impediment exists. Accordingly, the application was disposed of with the said direction.
Issues considered
- Whether the High Court can, under Section 529 of the Bhartiya Nagrik Suraksha Sanhita, 2023, direct a Chief Judicial Magistrate to conclude a pending criminal inquiry within a specified time frame.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 529
- Indian Penal Code — s. 120-B, 302, 392, 420, 506
Subjects
- Section 529
- direction to magistrate
- pending criminal case
- expeditious trial
- judicial delay
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 4106 of 2026
Vishnu Bawra
.....Applicant(s)
Versus
State Of U.P. And 12 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Akhilesh Kumar Tiwari, Krishna Kant
Dubey
Counsel for Opposite Party(s) : G.A.
Court No. - 77
HON'BLE SANJAY KUMAR PACHORI, J.
Heard Sri Krishna Kant Dubey, learned counsel for the applicant, Sri Pushpraj
Singh, learned brief holder for the State and perused the 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 Chief Judicial Magistrate, Mathura to conclude the inquiry of the
Complaint Case No. 80117 of 2025 (Vishnu Bawra Vs. Mohini Sharan @
Mohit and Others), which is related to offence punishable under Sections 302,
420, 392, 120-B & 506 of IPC, Police Station Vrindavan, District-Mathura
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 Chief Judicial Magistrate, Mathura 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 this order, if there is no
other legal impediment.
With the aforesaid directions, the application stands disposed of finally.
(Sanjay Kumar Pachori,J.)
September 15, 2026
Neetu
Digitally signed by :-
NEETU SINGH
High Court of Judicature at Allahabad
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