Allahabad High Court
SMT. VERTIKA SINGHversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The High Court exercised its authority under Section 529 to direct the Family Court to decide the pending case within six months, without addressing the merits.
Summary
The applicant, Smt. Vertika Singh, filed an application under Section 529 of the Bhartiya Nagrik Suraksha Sanhita, 2023, seeking a directive to the Principal Judge of the Family Court, Kanpur Nagar, to decide a pending family law matter (Case No. 651 of 2023) filed under Section 125 of the Criminal Procedure Code. The High Court noted that the case had been pending since 2023 and, without addressing the merits, exercised its power under Section 529 to order the Family Court to dispose of the matter expeditiously, preferably within six months, subject to no other legal impediment. The order was issued after the parties were heard, and the application was finally disposed of with the said direction. No substantive findings on the underlying family dispute were made.
Issues considered
- Whether Section 529 of the Bhartiya Nagrik Suraksha Sanhita, 2023 empowers the High Court to direct a Family Court to decide a pending case within a specified time frame.
- Whether the High Court can issue such a procedural direction without expressing an opinion on the merits of the underlying case.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 529
- Code of Criminal Procedure, 1973 — s. 125
Subjects
- Section 529
- Family Court
- Section 125 CrPC
- speedy disposal
- procedural direction
- High Court order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 4512 of 2026
Smt. Vertika Singh
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Alok Ranjan Tripathi
Counsel for Opposite Party(s) : G.A.
Court No. - 77
HON'BLE SANJAY KUMAR PACHORI, J.
Heard Sri Alok Ranjan Tripathi, 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 Principal Judge Family Court, Kanpur Nagar to decide the Case No. 651
of 2023 (Smt. Vertika Singh Vs. Shailendra Singh) under Section 125 of
Cr.P.C. 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 Principal Judge Family Court, Kanpur Nagar 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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