Allahabad High Court
RAHUL MADANversusSTATE OF U.P. AND 7 OTHERS
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The High Court may issue a direction to a lower magistrate to decide a pending criminal case expeditiously, without unnecessary adjournments, under Section 529 of the Bhartiya Nagrik Suraksha Sanhita.
Summary
The applicant filed an application under Section 529 of the Bhartiya Nagrik Suraksha Sanhita, 2023, seeking a direction to the Additional Chief Judicial Magistrate, Court No. 9, Varanasi, to dispose of a criminal case (Case No. 110142 of 2024) that had been pending since 2024. The case involved offences under Sections 406, 419, 420, 467, 468, 471, 504, 506, and 109 of the Indian Penal Code. The High Court, after hearing counsel for both sides, noted the undue delay but did not express any opinion on the merits of the criminal case. It issued a directive that the magistrate decide the case expeditiously, without granting unnecessary adjournments, provided no legal impediment exists. The application was consequently disposed of with the said directions.
Issues considered
- Whether the High Court can, under Section 529 of the Bhartiya Nagrik Suraksha Sanhita, direct a lower magistrate to decide a pending criminal case within a stipulated period to prevent undue delay.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 529
- Indian Penal Code — s. 109, 406, 419, 420, 467, 468, 471, 504, 506
Subjects
- Section 529
- expeditious trial
- adjournments
- criminal procedure
- magistrate direction
- pending case
- high court order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 4768 of 2026
Rahul Madan
.....Applicant(s)
Versus
State Of U.P. And 7 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Gaurav Gautam, Srishti Singh, Yogesh
Kumar Srivastava
Counsel for Opposite Party(s) : G.A.
Court No. - 77
HON'BLE SANJAY KUMAR PACHORI, J.
Heard Shri Ajeet Kumar Singh, Advocate holding brief of Shri Yogesh
Kumar Srivastava, learned counsel for the applicant, Shri Karunaakar 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 applicant with a prayer to issue a
direction to the Additional Chief Judicial Magistrate, Court No. 9, Varanasi
to decide the Case No. 110142 of 2024, arising out of Case Crime No. 4 of
2023, under Sections 406, 419, 420, 467, 468, 471, 504, 506, 109, I.P.C.,
Police Station Maduadeeh,, District Varanasi within stipulated period.
Considering the fact that the case is pending since 2024, 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, Court No. 9,
Varanasi 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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