Allahabad High Court

KHUSHBU NISHAversusSTATE OF U.P. AND 3 OTHERS

Decided: 14 September 2026
Bench: SANJAY KUMAR PACHORI

Holding

The High Court disposed of the Section 529 application, directing the lower court to decide the pending criminal case expeditiously without unnecessary adjournments.

Summary

The applicant filed an application under Section 529 of the Code of Criminal Procedure seeking a direction to the Civil Judge (Junior Division) and Judicial Magistrate, Chandauli, to decide a pending criminal case (State of U.P. v. Shamsher Khan) involving offences under Sections 498‑A, 323, 504, 506 IPC and Sections 3 and 4 of the Dowry Prohibition Act. The High Court, without addressing the merits of the underlying criminal case, noted that the matter had been pending since 2024 and ordered the lower court to dispose of the case expeditiously, prohibiting unnecessary adjournments unless a legal impediment exists. The application was consequently disposed of with the said direction. No substantive ruling on the criminal charges was made.

Issues considered

Whether an application under Section 529 CrPC can be entertained to compel a lower court to decide a criminal case within a stipulated period.
Whether the High Court can direct the lower court to refrain from granting adjournments absent legal impediments.

Legislation cited

Code of Criminal Procedure, 1973 — s. 529
Dowry Prohibition Act — s. 3, 4
Indian Penal Code — s. 323, 498-A, 504, 506

Subjects

Section 529 CrPC
expedited trial
adjournment
criminal procedure
IPC 498-A
Dowry Prohibition Act

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     APPLICATION U/S 529 BNSS No. - 4517 of 2026

                                    Khushbu Nisha
                                                                                               .....Applicant(s)
                                                                       Versus

                                    State Of U.P. And 3 Others
                                                                                                   .....Opposite
                                                                                                         Party(s)

                                    Counsel for Applicant(s)                              :     Indradeo
                                    Counsel for Opposite Party(s)                         :     G.A.

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

                                    Heard Sri Indradeo Maurya, learned counsel for the applicant and Sri
                                    Ashwani Kumar Rai, learned AGA for the State.

                                    The present application u/s 529 BNSS has been filed by the applicant with
                                    prayer to issue a direction to the Civil Judge (Junior Division) FTC
                                    Ist/Judicial Magistrate, Chandauli to decide the Case No. 15505 of 2024
                                    (State of U.P. Vs. Shamsher Khan and others), arising out of Case Crime
                                    No. 35 of 2024, under Sections 498-A, 323, 504, 506 of IPC and 3/4 D.P.
                                    Act, Police Station Syedraja, District-Chandauli, within stipulated period.

                                    Considering the fact that the case is pending since 2024, without
                                    expressing any opinion on the merit of the case, this application is finally
                                    disposed of with direction to court concerned to decide the aforesaid case
                                    in accordance with law expeditiously, without granting any unnecessary
                                    adjournment to either of the parties if there is no legal impediment.

                                    With the aforesaid direction, the application stands disposed of.



                                                                                   (Sanjay Kumar Pachori,J.)
                                    September 15, 2026
                                    Neetu




Digitally signed by :-
NEETU SINGH
High Court of Judicature at Allahabad

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