Allahabad High Court
VISHNU DUTT SHARMAversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJAY KUMAR PACHORI
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
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 529
- Indian Penal Code — s. 323, 504, 506
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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