Allahabad High Court
SMT CHINTAMANI AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The High Court held that, under Section 529, it may direct the lower court to decide the pending criminal case expeditiously, without unnecessary adjournments.
Summary
The applicants, Smt Chintamani and two others, filed an application under Section 529 of the Bhartiya Nagrik Suraksha Sanhita, 2023, seeking a directive to the Civil Judge/Judicial Magistrate in Hasanpur, Amroha, to dispose of a criminal case (Case No. 423 of 2007) that had been pending since 2007 under IPC sections 420, 467, 468 and 471. The High Court noted the inordinate delay but refrained from commenting on the merits of the underlying criminal matter. Relying on the statutory provision empowering it to ensure speedy trial, the Court ordered the lower court to decide the case as expeditiously as possible, without granting unnecessary adjournments. The direction was issued subject only to the absence of any other legal impediment. The application was consequently disposed of finally with the said directions.
Issues considered
- Whether the High Court can, under Section 529 of the Bhartiya Nagrik Suraksha Sanhita, 2023, direct a lower court to expedite the disposal of a pending criminal case.
- Whether the prolonged pendency of the 2007 case violates the right to a speedy trial and warrants judicial intervention.
Legislation cited
Subjects
- criminal procedure
- speedy trial
- case management
- Section 529
- expeditious disposal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 4767 of 2026
Smt Chintamani And 2 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Pankaj Sharma, Prashant Sharma
Counsel for Opposite Party(s) : G.A.
Court No. - 77
HON'BLE SANJAY KUMAR PACHORI, J.
Heard Shri Prashant Sharma, learned counsel for the applicants, Shri Chhavi
Pal Singh, 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 applicants with a prayer to issue a
direction to the Civil Judge (J.D.)/Judicial Magistrate, Hasanpur, Amroha to
decide the Case No. 423 of 2007, arising out of Case Crime No. 105 of
2007, under Sections 420, 467, 468, 471, I.P.C., Police Station Hasanpur,
District Amroha within stipulated period.
Considering the fact that the case is pending since 2007, 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.)/Judicial Magistrate, Hasanpur,
Amroha 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 18, 2026
T. Sinha
(Sanjay Kumar Pachori,J.)
Digitally signed by :-
TRIPTI SINHA
High Court of Judicature at Allahabad
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