Allahabad High Court
ANJEEV SAHARAN AND 2 OTHERSversusSTATE OF UP AND ANOTHER
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The application is disposed of with a direction to the Civil Judge (JD)/F.T.C.-I (CAW), Ghaziabad, to decide the pending complaint expeditiously and without unnecessary adjournments.
Summary
The applicants filed an application under Section 529 of the Bhartiya Nagrik Suraksha Sanhita, 2023, seeking a court order directing the Civil Judge (JD)/F.T.C.-I (CAW) in Ghaziabad to decide Complaint Case No.2020 of 2024, which had been pending since 2024 without any substantive hearing. The application highlighted delays in adjudicating the complaint, which involved sections of the BNS and the DP Act. The High Court examined the material on record and noted that the lower court had not expressed any opinion on the merits despite the lapse of time. The Court directed the Civil Judge to decide the pending case as expeditiously as possible, prohibiting unnecessary adjournments, provided no other legal impediment exists. Consequently, the application was disposed of with the said direction.
Issues considered
- Whether the High Court can, under Section 529 of the BNS, direct a lower court to decide a pending criminal complaint expeditiously
- Whether the delay in deciding the complaint violates any statutory or procedural requirement
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 115(2), 316(2), 351(2), 352, 529, 85
- DP Act — s. 3, 4
Subjects
- judicial delay
- Section 529
- expeditious disposal
- Bharatiya Nagrik Suraksha Sanhita
- Civil Judge direction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 4736 of 2026
Anjeev Saharan And 2 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Pankaj Srivastava
Counsel for Opposite Party(s) : G.A.
Court No. - 77
HON'BLE SANJAY KUMAR PACHORI, J.
Heard Shri Chandan Kumar Jaiswal, Advocate, holding brief of Shri
Pankaj Srivastava, learned counsel for the applicants, Shri Alok Kumar
Mishra, learned A.G.A. for the State and perused 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 Civil Judge (JD)/F.T.C.-I (CAW), Ghaziabad to decide
the Complaint Case No.2020 of 2024, under Sections 85, 115(2), 316(2),
352, 351(2) of BNS & Section 3/4 of DP Act, Police Station Indirapuram,
District Ghaziabad, within stipulated period.
Considering the fact that the case is pending since 2024 without
expressing any opinion on the merits of the case, this application is finally
disposed of with a direction to the Civil Judge (JD)/F.T.C.-I (CAW),
Ghaziabad to decide the aforesaid case in accordance with law, as
expeditiously as possible, 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.
(Sanjay Kumar Pachori,J.)
September 17, 2026
KJ
Digitally signed by :-
KAMARJAHAN ANSARI
High Court of Judicature at Allahabad
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