Allahabad High Court

SMT PARVATI DEVIversusSTATE OF U.P. AND ANOTHER

Decided: 16 September 2026
Bench: SANJAY KUMAR PACHORI

Holding

The High Court directed the Judicial Magistrate to decide the pending case within six months, exercising its power under Section 529 CrPC.

Summary

The applicant, Smt Parvati Devi, filed an application under Section 529 of the Criminal Procedure Code seeking a direction to the Judicial Magistrate, Court No. 2, Jhansi, to dispose of a pending criminal case (Case No. 25094 of 2023) under Section 138 of the Negotiable Instruments Act. The lower court had not rendered any opinion on the merits since 2023, resulting in an undue delay. The High Court examined the material on record and noted the prolonged pendency without any substantive hearing. It exercised its inherent powers under Section 529 CrPC to issue a directive for expeditious disposal. The Court ordered that the case be decided within six months, prohibiting unnecessary adjournments, provided no other legal impediment exists. Consequently, the application was disposed of with the said direction.

Issues considered

Whether the High Court can direct a Judicial Magistrate to decide a pending criminal case within a specified time under Section 529 CrPC
Whether the application under Section 529 CrPC is maintainable in the circumstances of delay

Legislation cited

Code of Criminal Procedure, 1973 — s. 529
Negotiable Instruments Act, 1881 — s. 138

Subjects

Section 529 CrPC
case management
judicial delay
Negotiable Instruments Act
expedited disposal

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                APPLICATION U/S 529 BNSS No. - 4758 of 2026

                                    Smt Parvati Devi
                                                                                                   .....Applicant(s)
                                                                        Versus
                                    State of U.P. and Another
                                                                                                      .....Opposite
                                                                                                            Party(s)

                                    Counsel for Applicant(s)      : Kartikeya Shukla, Ravi Shukla, Ved
                                                                    Prakash Tiwari
                                    Counsel for Opposite Party(s) : G.A.

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

                                    Heard Sri Kartikeya Shukla, 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 Judicial Magistrate, Court
                                    No. 2, Jhansi to decide the Case No. 25094 of 2023, under Sections 138 of
                                    Negotiable Instruments Act, Police Station Sadar Bazar, District Jhansi
                                    within stipulated period.

                                    Considering the fact that the complaint case has remained pending since
                                    2023, 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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