Allahabad High Court

KRISHNA MOHAN TRIPATHIversusSTATE OF U.P. AND ANOTHER

Decided: 16 September 2026
Bench: SANJAY KUMAR PACHORI

Holding

The High Court held that it may issue a direction under Section 529 Cr.P.C. for the Special Judge to decide the pending complaint expeditiously, preferably within six months.

Summary

The applicant filed an application under Section 529 of the Criminal Procedure Code seeking a direction to the Special Judge handling a complaint under Section 138 of the Negotiable Instruments Act (Complaint No. 1832 of 2020) to decide the matter within a reasonable time. The complaint had been pending since 2020 without any substantive hearing on its merits. The Court examined the delay and exercised its inherent power under Section 529 to ensure a speedy trial. It directed the Special Judge to dispose of the complaint expeditiously, preferably within six months, and to avoid unnecessary adjournments unless a legal impediment exists. The application was consequently disposed of with the said direction.

Issues considered

Whether the High Court can, under Section 529 Cr.P.C., direct a lower court to decide a pending criminal complaint within a specified time frame
Whether the delay in adjudicating the complaint under Section 138 NI Act violates the principle of speedy trial

Legislation cited

Code of Criminal Procedure, 1973 — s. 529
Negotiable Instruments Act — s. 138

Subjects

Section 529 CrPC
Section 138 Negotiable Instruments Act
speedy trial
adjournments
criminal procedure

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                APPLICATION U/S 529 BNSS No. - 4750 of 2026

                                    Krishna Mohan Tripathi
                                                                                                   .....Applicant(s)
                                                                        Versus
                                    State of U.P. and Another
                                                                                                      .....Opposite
                                                                                                            Party(s)

                                    Counsel for Applicant(s)            :   Ashutosh Tripathi, 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 Alok
                                    Mishra, learned A.G.A. for the State and perused material on record.

                                    The present application under Section 529 Cr.P.C. 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 decide the Complaint Case No. 1832 of 2020,
                                    under Section 138 of Negotiable Instruments 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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