Allahabad High Court
RAJENDRA PRASADversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The High Court directed the lower court to decide the pending complaint within six months, prohibiting unnecessary adjournments, thereby exercising its power under Section 529 BNSS.
Summary
The applicant filed an application under Section 529 of the Bharatiya Nagarik Suraksha Sanhita seeking a direction to the Civil Judge (Senior Division) Court No.2, Additional Chief Judicial Magistrate, Bhadohi, to dispose of Complaint Case No.2007 of 2020 filed under Section 138 of the Negotiable Instruments Act. The complaint had remained pending since 2020 without any substantive hearing. The High Court, after hearing counsel, noted the undue delay and exercised its power under Section 529 BNSS to order the lower court to decide the matter expeditiously, preferably within six months, and to avoid unnecessary adjournments. No merits of the complaint were examined. The application was consequently disposed of with the said direction. The order emphasizes the court’s duty to ensure speedy trial and prevent protracted litigation.
Issues considered
- Whether the High Court can, under Section 529 of the Bharatiya Nagarik Suraksha Sanhita, direct a lower court to dispose of a pending criminal complaint within a specified time frame.
- Whether the delay in adjudicating Complaint Case No.2007 of 2020 under Section 138 of the Negotiable Instruments Act warrants judicial intervention to prevent further adjournments.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 529
- Negotiable Instruments Act — s. 138
Subjects
- Section 529
- Bharatiya Nagarik Suraksha Sanhita
- Section 138
- Negotiable Instruments Act
- delay in criminal proceedings
- expeditious trial
- adjournment
- court direction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 4735 of 2026
Rajendra Prasad
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Aman Arya, Vikas Kumar Pandey
Counsel for Opposite Party(s) : G.A.
Court No. - 77
HON'BLE SANJAY KUMAR PACHORI, J.
Heard Sri Aman Arya, 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 Bharatiya Nagarik Suraksha
Sanhita, has been filed by the applicant with a prayer to issue a direction to
the Civil Judge (Senior Division) Court No. 2/ Additional Chief Judicial
Magistrate, Bhadohi at Gyanpur to decide the Complaint Case No. 2007 of
2020 under Sections 138 of N.I. Act, Police Station Suriyavan, District
Bhadohi within stipulated period.
Considering the fact that the complaint case has remained pending since
2020, 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,
preferably within a period of six months 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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