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Allahabad High Court

SMT GAYATRI AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER

Decided

Holding

Under Section 529 of the Bhartiya Nagrik Suraksha Sanhita, the High Court may direct the Gram Nyayalay to decide the pending PWDVA case expeditiously, preferably within six months.

Summary

The High Court entertained an application under Section 529 of the Bhartiya Nagrik Suraksha Sanhita, 2023 filed by Smt Gayatri and two others seeking a direction to the Gram Nyayalay, Chauri Chaura, to decide a pending complaint (Case No. 2557 of 2018) filed under Section 31 of the Protection of Women from Domestic Violence Act. The complaint had remained unresolved since 2018. The Court, without expressing any view on the merits of the domestic‑violence case, observed that the prolonged delay warranted judicial intervention. It directed the Gram Nyayalay to dispose of the matter expeditiously, preferably within six months of producing a certified copy of the order, provided no other legal impediment existed. The application was consequently disposed of finally with the said direction.

Issues considered

  • Whether Section 529 of the Bhartiya Nagrik Suraksha Sanhita empowers the High Court to direct a Gram Nyayalay to decide a pending case within a specified time‑frame.
  • Whether the High Court may issue such a direction without adjudicating the merits of the underlying case.

Legislation cited

Subjects

  • Section 529
  • Bhartiya Nagrik Suraksha Sanhita
  • Protection of Women from Domestic Violence Act
  • expedited disposal
  • Gram Nyayalay
  • pending case
  • judicial direction

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     APPLICATION U/S 529 BNSS No. - 4518 of 2026

                                    Smt Gayatri And 2 Others
                                                                                                    .....Applicant(s)
                                                                          Versus

                                    State of U.P. and Another
                                                                                                        .....Opposite
                                                                                                              Party(s)

                                    Counsel for Applicant(s)                     :   Devendra Kumar Singh
                                    Counsel for Opposite Party(s)                :   G.A.

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

                                    Heard Sri Shyamu Shukla, learned counsel for the applicants, 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 Gram Nayayalay, Chauri Chaura, District-Gorakhpur to decide the
                                    Complaint Case No. 2557 of 2018 (Gayatri Devi and others Vs. Ghanshyam
                                    Yadav) under Sections 31 of Protection of Women from Domestic Violence
                                    Act, Police Station Jhagha, District-Gorakhpur within stipulated period.

                                    Considering the fact that the case is pending since 2018, without expressing any
                                    opinion on the merits of the case, this application is finally disposed of with a
                                    direction to the Gram Nayayalay, Chauri Chaura, District-Gorakhpur 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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