Allahabad High Court
KRISHNA MOHAN TRIPATHIversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The High Court directed the Special Judge to decide the pending complaint expeditiously, preferably within six months, and disposed of the application.
Summary
The applicant filed an application under Section 529 of the Bharatiya Nagarik Suraksha Sanhita seeking a direction to the Special Judge of the NI Act Court to decide a pending complaint (Case No. 1745 of 2020) filed under Section 138 of the Negotiable Instruments Act. The complaint had remained unresolved since 2020 without any substantive hearing on its merits. The High Court examined the delay and the statutory power conferred by Section 529 to ensure speedy justice. It directed the Special Judge to dispose of the complaint expeditiously, preferably within six months, and to avoid unnecessary adjournments. No substantive merits of the complaint were addressed; the order was limited to procedural direction. Consequently, the application was finally disposed of with the said direction.
Issues considered
- Whether the High Court can, under Section 529 of the Bharatiya Nagarik Suraksha Sanhita, direct a Special Judge to decide a pending criminal complaint within a specified time frame.
- Whether the delay in adjudicating the complaint under Section 138 of the Negotiable Instruments Act warrants judicial intervention.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 529
- Negotiable Instruments Act — s. 138
Subjects
- Section 529
- Bharatiya Nagarik Suraksha Sanhita
- Negotiable Instruments Act
- Section 138
- delay in criminal proceedings
- expeditious trial
- judicial direction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 4742 of 2026
Krishna Mohan Tripathi
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Akhilesh Kumar Singh, 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 Sri
Karunakar Singh, 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 Special Judge, N.I Act, Court No. 2, Allahabad, to consider and decide
the Complaint Case No. 1745 of 2020 under Sections 138 of the Negotiable
Instuments Act, 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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