Allahabad High Court

SMT KAMLESH KUMARIversusSTATE OF U.P. AND ANOTHER

Decided: 16 September 2026
Bench: SANJAY KUMAR PACHORI

Holding

The Court held that under Section 529, it may direct the lower magistrate to decide the pending complaint within a reasonable time, here six months, without adjudicating on the merits.

Summary

The applicant, Smt. Kamlesh Kumari, filed an application under Section 529 of the Bhartiya Nagrik Suraksha Sanhita, 2023, seeking a direction to the Judicial Magistrate-II, Jhansi to dispose of a pending complaint under Section 138 of the Negotiable Instruments Act (Complaint No. 25184 of 2023). The application highlighted that the case had been pending since 2023 without any substantive hearing. The Court, after hearing counsel for both parties, noted that the matter concerned procedural delay rather than the merits of the criminal complaint. Without expressing any view on the merits, the Court directed the magistrate to decide the case within six months, emphasizing the need to avoid unnecessary adjournments. The order was issued on 17 September 2026, thereby disposing of the application with the stipulated direction.

Issues considered

What procedural direction can be issued under Section 529 of the Bhartiya Nagrik Suraksha Sanhita, 2023 to ensure expeditious disposal of a pending criminal complaint?

Legislation cited

Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 529
Negotiable Instruments Act — s. 138

Subjects

Section 529
case management
expeditious disposal
Negotiable Instruments Act
Section 138
judicial direction
magistrate

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                APPLICATION U/S 529 BNSS No. - 4764 of 2026

                                    Smt Kamlesh Kumari
                                                                                                   .....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 Shri Kartikeya Shukla, 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 Judicial Magistrate-II, Jhansi to decide the Complaint Case
                                    No. 25184 of 2023, under Section 138 of Negotiable Instruments Act, Police
                                    Station Sadar Bazar, District Jhansi 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 Judicial Magistrate-II, Jhansi to decide the aforesaid
                                    case in accordance with law, as expeditiously as possible, preferably within
                                    a period of six months, after production of certified copy of the order,
                                    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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