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Allahabad High Court

SMT REKHA DEVIversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The High Court directed the Chief Judicial Magistrate to decide the pending criminal case without unnecessary adjournments, thereby granting the relief sought under Section 529 Cr.P.C.

Summary

The applicant, Smt Rekha Devi, filed an application under Section 529 of the Criminal Procedure Code seeking a direction to the Chief Judicial Magistrate, Firozabad, to decide Criminal Case No. 12050 of 2026, which involves offences under Sections 85, 115(2), 351(2), 352 of the BNS and Sections 3 and 4 of the Dowry Prohibition Act. The case had been pending since 2026 without any substantive hearing on its merits. The High Court examined the application and, noting the undue delay, ordered the lower court to dispose of the case expeditiously and to avoid unnecessary adjournments, provided no other legal impediment exists. No merits of the underlying criminal allegations were addressed. The application was consequently disposed of with the said direction.

Issues considered

  • Whether the High Court can, under Section 529 Cr.P.C., direct a lower court to decide a pending criminal case expeditiously.

Legislation cited

Subjects

  • Section 529
  • case management
  • adjournment
  • criminal procedure
  • dowry prohibition
  • expedited trial

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                APPLICATION U/S 529 BNSS No. - 4729 of 2026

                                    Smt Rekha Devi
                                                                                                   .....Applicant(s)
                                                                        Versus
                                    State Of U.P. And 2 Others
                                                                                                      .....Opposite
                                                                                                            Party(s)

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

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

                                    Heard Sri Vinay Kumar, learned counsel for the applicant and Sri Abhishek
                                    Kumar, learned A.G.A. for the State and perused material on record.

                                    The present application under Section 529 Cr.P.C. has been filed by the
                                    applicant with a prayer to issue a direction to the Chief Judicial Magistrate,
                                    Firozabad to decide the Criminal Case No. 12050 of 2026 under Sections 85,
                                    115(2), 351(2), 352 of BNS and Section 3/4 of Dowry Prohibition Act,
                                    Police Station- Tundla, District Firozabad within stipulated period.

                                    Considering the fact that the case has remained pending since 2026, without
                                    expressing any opinion on the merits of the case, this application is finally
                                    disposed of with a direction to the court below to decide the aforesaid case in
                                    accordance with law, as expeditiously, without granting any unnecessary or
                                    long adjournments to either of the parties, if there is no other legal
                                    impediment.

                                    With the aforesaid directions, the application stands disposed of finally.

                                    September 17, 2026
                                    Ishan
                                                                                     (Sanjay Kumar Pachori,J.)




Digitally signed by :-
ISHAN JAISWAL
High Court of Judicature at Allahabad


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