Allahabad High Court

KRISHNA MOHAN TRIPATHIversusSTATE OF U.P. AND ANOTHER

Decided: 16 September 2026
Bench: SANJAY KUMAR PACHORI

Holding

The High Court directed the Special Judge to decide the pending complaint within six months and disposed of the application.

Summary

The applicant filed an application under Section 529 of the Criminal Procedure Code seeking a direction to the Special Judge, N.I. Act, Court No. 2, Allahabad, to decide a pending complaint (Case No. 1746 of 2020) under Section 138 of the Negotiable Instruments Act, 1881. The complaint had remained unresolved since 2020 without any substantive hearing. The High Court, after hearing counsel for both parties, exercised its power under Section 529 to issue a directive that the lower court must dispose of the case expeditiously, preferably within six months, and avoid unnecessary adjournments. No merits of the complaint were addressed; the order solely concerned case management. 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 Special Judge to decide a pending criminal complaint within a specified time frame
Whether the delay in adjudicating the complaint since 2020 warrants judicial intervention

Legislation cited

Code of Criminal Procedure, 1973 — s. 529
Negotiable Instruments Act, 1881 — s. 138

Subjects

Criminal Procedure
Section 529
Case Management
Negotiable Instruments Act
Section 138
Judicial Delay

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                APPLICATION U/S 529 BNSS No. - 4737 of 2026

                                    Krishna Mohan Tripathi
                                                                                                   .....Applicant(s)
                                                                        Versus
                                    State of U.P. and Another
                                                                                                      .....Opposite
                                                                                                            Party(s)

                                    Counsel for Applicant(s)               :   Ajay Shukla, Nishith Tripathi
                                    Counsel for Opposite Party(s)          :   G.A.

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

                                    Heard Sri Nishith Tripathi, learned counsel for the applicant and 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 Special Judge, N.I. Act,
                                    Court No. 2, Allahabad to consider and decide the Complaint Case No. 1746
                                    of 2020, under Sections 138 of the Negotiable Instruments Act, 1881 Police
                                    Station Dhoomanganj, District Allahabad, 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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