Allahabad High Court
SMT GAYATRI AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJAY KUMAR PACHORI
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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