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Allahabad High Court

SMT NEHA RAJversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The High Court directed the Civil Judge (J.D.)/F.T.C., Kanpur Nagar to decide the pending criminal case expeditiously, thereby disposing of the application.

Summary

The applicant, Smt Neha Raj, filed an application under Section 529 of the Bhartiya Nagrik Suraksha Sanhita, 2023, seeking a court order directing the Civil Judge (J.D.)/F.T.C., Kanpur Nagar to decide Criminal Case No. 14586 of 2025, which involves offences under Sections 498‑A, 323, 504, 506 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act. The case had been pending since 2022. The High Court, after hearing counsel, did not express any view on the merits of the criminal case but ordered that the civil judge decide the matter as expeditiously as possible, without unnecessary adjournments, provided no legal impediment exists. The application was therefore disposed of with the said direction. The order was pronounced on 17 September 2026.

Issues considered

  • Whether Section 529 of the Bhartiya Nagrik Suraksha Sanhita empowers the High Court to direct a civil judge to expedite a pending criminal trial.
  • Whether any legal impediment exists that would prevent the civil judge from deciding the criminal case within a stipulated period.

Legislation cited

Subjects

  • Section 529
  • expedited trial
  • adjournment
  • civil judge direction
  • criminal procedure
  • Dowry Prohibition Act
  • IPC
  • application disposal

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                APPLICATION U/S 529 BNSS No. - 4756 of 2026

                                    Smt Neha Raj
                                                                                                   .....Applicant(s)
                                                                        Versus
                                    State Of U.P. And 2 Others
                                                                                                      .....Opposite
                                                                                                            Party(s)

                                    Counsel for Applicant(s)                       :     Anand Pati Tiwari
                                    Counsel for Opposite Party(s)                  :     G.A.

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

                                    Learned counsel for the applicant is permitted to correct the prayer part of
                                    application during the course of day.

                                    Heard Shri Anand Pati Tiwari, learned counsel for the applicant, Shri
                                    Abhishek Kumar, 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 (J.D.)/F.T.C., Kanpur Nagar to decide the
                                    Criminal Case No. 14586 of 2025, arising out of Case Crime No. 75 of 2022,
                                    under Sections 498-A, 323, 504, 506, I.P.C. and Section 3/4 of Dowry
                                    Prohibition Act, Police Station- Mahila Thana, District Kanpur Nagar within
                                    stipulated period.

                                    Considering the fact that the case is pending since 2022, without expressing
                                    any opinion on the merits of the case, this application is finally disposed of
                                    with a direction to the Civil Judge (J.D.)/F.T.C., Kanpur Nagar 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.

                                    September 17, 2026
                                    T. Sinha
                                                                                       (Sanjay Kumar Pachori,J.)




Digitally signed by :-
TRIPTI SINHA
High Court of Judicature at Allahabad


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