Allahabad High Court
BRIJESH KUMAR GUPTAversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The court directed the Additional Chief Judicial Magistrate to decide the pending case expeditiously without unnecessary adjournments.
Summary
The applicant, Brijesh Kumar Gupta, filed an application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023, seeking a court order directing the Additional Chief Judicial Magistrate/Civil Judge (S.D.) in Gorakhpur to dispose of a pending criminal case (Case No. 35891 of 2024, crime No. 544 of 2023) involving offences under Sections 406 and 504 of the IPC. The High Court noted that the case had been pending since 2023 and, without addressing the merits, ordered that the magistrate decide the matter as expeditiously as possible and refrain from granting unnecessary adjournments. The direction was issued to ensure timely justice, and the application was thereafter disposed of. The order was signed by Justice Sanjay Kumar Pachori on 17 September 2026.
Issues considered
- Whether the High Court can direct a lower magistrate to decide a pending criminal case within a stipulated period under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 528
- Indian Penal Code — s. 406, 504
Subjects
- case management
- expedited trial
- adjournment
- section 528
- Bhartiya Nagrik Suraksha Sanhita
- IPC 406
- IPC 504
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 4766 of 2026
Brijesh Kumar Gupta
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Sandeep Kumar Dubey
Counsel for Opposite Party(s) : G.A.
Court No. - 77
HON'BLE SANJAY KUMAR PACHORI, J.
Shri Sandeep Kumar Dubey, learned counsel for the applicant and Shri Alok
Mishra, learned A.G.A. for the State are present.
The present application under Section 528 of Bhartiya Nagrik Suraksha
Sanhita, 2023 has been filed by the applicant with a prayer to issue a
direction to the Additional Chief Judicial Magistrate/Civil Judge (S.D.),
Court No. 1, Gorakhpur to decide the case No. 35891 of 2024, arising out of
case crime No. 544 of 2023, under Sections 406, 504, I.P.C., Police Station
Shahpur, District Gorakhpur 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 Additional Chief Judicial Magistrate/Civil Judge
(S.D.), Court No. 1, Gorakhpur 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
Checking your session…