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Allahabad High Court

VISHNU DUTT SHARMAversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The High Court exercised its power under Section 529 to direct the civil judge to decide the pending criminal case expeditiously, thereby disposing of the application.

Summary

The applicant, Vishnu Dutt Sharma, 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.-Ist, Ghaziabad to decide a pending criminal case (Case No.96842 of 2023 arising from Crime No.234 of 2022 under IPC sections 323, 504, 506) within a reasonable time. The High Court noted that the case had been pending since 2023 without any substantive hearing on its merits. Relying on the provisions of Section 529, the Court directed the civil judge to dispose of the criminal matter expeditiously and to avoid unnecessary adjournments, provided no other legal impediment exists. No merits of the criminal case were addressed; the focus was on case management and ensuring timely justice. The application was consequently disposed of with the said direction.

Issues considered

  • Whether Section 529 of the Bhartiya Nagrik Suraksha Sanhita, 2023 empowers the High Court to direct a civil judge to expedite the disposal of a pending criminal case.

Legislation cited

Subjects

  • Section 529
  • case management
  • adjournment
  • criminal procedure
  • expeditious trial
  • civil judge direction
  • Bhartiya Nagrik Suraksha Sanhita

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     APPLICATION U/S 529 BNSS No. - 4744 of 2026

                                    Vishnu Dutt Sharma
                                                                                                .....Applicant(s)
                                                                       Versus

                                    State of U.P. and Another
                                                                                                    .....Opposite
                                                                                                          Party(s)

                                    Counsel for Applicant(s)            :   Anil Kumar, Kaushlesh Shukla
                                    Counsel for Opposite Party(s)       :   G.A.

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

                                    Heard Shri Anil Kumar, learned counsel for the applicant, Shri A.K. Rai,
                                    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.-Ist, Ghaziabad to decide the Case
                                    No.96842 of 2023, arising out of Case Crime No.234 of 2022, under
                                    Sections 323, 504, 506 of IPC, Police Station Mahila Thana, District
                                    Ghaziabad, within stipulated period.

                                    Considering the fact that the case is pending since 2023 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.-Ist, 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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