Allahabad High Court

VIJAY YADAVversusSTATE OF U.P. AND ANOTHER

Decided: 17 September 2026
Bench: SANJAY KUMAR PACHORI

Holding

The High Court held that it may issue a direction under Section 529 BNSS for the magistrate to decide the pending complaint expeditiously, preferably within six months.

Summary

The applicant, Vijay Yadav, filed an application under Section 529 of the Bhartiya Nagrik Suraksha Sanhita, 2023, seeking a court order directing the Additional Chief Judicial Magistrate, Court No. 2, Gorakhpur, to decide a pending complaint (Case No. 118885 of 2021) filed under Section 138 of the Negotiable Instruments Act. The High Court noted that the case had been pending since 2021 and, without addressing the merits, ordered that the magistrate decide the matter expeditiously, preferably within six months, and avoid unnecessary adjournments. The order also required the production of a certified copy of the magistrate’s order. The application was therefore disposed of with the said direction. The decision emphasizes the court’s power to intervene under Section 529 to prevent undue delay in criminal proceedings.

Issues considered

Whether the High Court can, under Section 529 of the Bhartiya Nagrik Suraksha Sanhita, 2023, direct a lower magistrate to decide a pending criminal complaint within a specified time frame.

Legislation cited

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

Subjects

Section 529
BNSS
Negotiable Instruments Act
Section 138
delay in trial
expeditious disposal
magistrate direction
criminal procedure

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                APPLICATION U/S 529 BNSS No. - 4770 of 2026

                                    Vijay Yadav
                                                                                                   .....Applicant(s)
                                                                        Versus
                                    State of U.P. and Another
                                                                                                      .....Opposite
                                                                                                            Party(s)

                                    Counsel for Applicant(s)          : Chandra Bhushan Yadav, Geeta Yadav
                                    Counsel for Opposite Party(s)     : G.A.

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

                                    Heard Shri Chandra Bhushan Yadav, learned counsel for the applicant, 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 applicant with a prayer to issue a
                                    direction to Additional Chief Judicial Magistrate, Court No. 2, Gorakhpur to
                                    decide Complaint Case No. 118885 of 2021, under Section 138 of
                                    Negotiable Instruments Act, Police Station Kotwali, District Gorakhpur
                                    within stipulated period.

                                    Considering the fact that the case is pending since 2021, 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. 2,
                                    Gorakhpur 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 18, 2026
                                    T. Sinha
                                                                                     (Sanjay Kumar Pachori,J.)




Digitally signed by :-
TRIPTI SINHA
High Court of Judicature at Allahabad

Continue reading with your account

Checking your session…