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Allahabad High Court

VIJENDRA SINGH CHANDELversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The Court disposed of the application, directing the Family Court to decide the pending case expeditiously within three months.

Summary

The applicant filed an application under Section 529 of the Bharatiya Nagarik Suraksha Sanhita seeking a direction to the Principal Judge of the Family Court, Kasganj, to decide Miscellaneous Case No. 180 of 2020, which had been pending since 2020 under Section 127 of the Criminal Procedure Code. The High Court noted the undue delay and the absence of any substantive hearing on the merits. It directed the lower court to decide the matter within three months of receiving a certified copy of the order, prohibiting unnecessary adjournments unless a legal impediment exists. The direction was intended to ensure a speedy trial and protect the parties’ right to timely justice. Consequently, the application was disposed of with the said direction.

Issues considered

  • Whether an application under Section 529 of the Bharatiya Nagarik Suraksha Sanhita can be entertained to compel a lower court to decide a pending case within a stipulated period
  • Whether the prolonged pendency of Misc. Case No. 180 of 2020 violates the right to a speedy trial under the law

Legislation cited

Subjects

  • Section 529
  • Bharatiya Nagarik Suraksha Sanhita
  • Section 127
  • Criminal Procedure Code
  • delay in trial
  • family court
  • expedited disposal
  • right to speedy trial

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                APPLICATION U/S 529 BNSS No. - 4740 of 2026

                                    Vijendra Singh Chandel
                                                                                                   .....Applicant(s)
                                                                        Versus
                                    State of U.P. and Another
                                                                                                      .....Opposite
                                                                                                            Party(s)

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

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

                                    Heard Sri Rajesh Kumar Dubey, learned counsel for the applicant and Sri
                                    Alok 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 Principal Judge, Family Court, Kasganj, to decide the Misc. Case No.
                                    180 of 2020, under Sections 127 of Cr.P.C. Police Station Kasganj, District
                                    Kasganj, within stipulated period.

                                    Considering the fact that the 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 three
                                    months after production of certified copy of the order 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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