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Allahabad High Court

ASHA GAUDversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The application is disposed of with a direction to the lower court to decide the pending criminal case expeditiously, without unnecessary adjournments.

Summary

The applicant, Asha Gaud, filed an application under Section 529 of the Bharatiya Nagarik Suraksha Sanhita seeking a direction to the Judicial Magistrate Court No. 3, Gorakhpur, to dispose of a pending criminal case (Case No. 1718 of 2024) involving offences under Sections 498‑A, 323, 504, 506 IPC and Sections 3/4 of the Dowry Prohibition Act. The High Court noted that the case had been pending since 2024 without any substantive hearing on its merits. The Court ordered the lower court to decide the matter expeditiously, without granting unnecessary or prolonged adjournments, provided no other legal impediment exists. The application was consequently disposed of with the said direction. The order was pronounced on 17 September 2026 by Justice Sanjay Kumar Pachori.

Issues considered

  • Whether the High Court can direct a Judicial Magistrate Court to decide a pending criminal case within a stipulated period under Section 529 BNSS.
  • Whether unnecessary adjournments should be curtailed to ensure expeditious trial.

Legislation cited

Subjects

  • judicial delay
  • expeditious trial
  • Section 529 BNSS
  • criminal procedure
  • dowry prohibition
  • adjournments

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                APPLICATION U/S 529 BNSS No. - 4748 of 2026

                                    Asha Gaud
                                                                                                   .....Applicant(s)
                                                                        Versus
                                    State Of U.P. And 2 Others
                                                                                                      .....Opposite
                                                                                                            Party(s)

                                    Counsel for Applicant(s)                  :    Vijendra Kumar Mishra
                                    Counsel for Opposite Party(s)             :    G.A.

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

                                    Heard Sri Vijendra Kumar Mishra, learned counsel for the applicant and Sri
                                    Rahul Pandey, brief holder 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 Judicial Magistrate Court No. 3, Gorakpur, to decide the Case No. 1718
                                    of 2024, arising out of Case Crime No. 449 of 2022, under Sections 498-A,
                                    323, 504, 506 of I.P.C. and 3/4 Dowry Prohibition Act, Police Station
                                    Geeda, District Gorakhpur, within stipulated period.

                                    Considering the fact that the case has remained pending since 2024, 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, 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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