Allahabad High Court
RAHUL KUMARversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The High Court directed the Additional Chief Judicial Magistrate to decide the pending complaint within six months, emphasizing expeditious disposal and prohibiting unnecessary adjournments.
Summary
The applicant, Rahul Kumar, filed an application under Section 529 of the Bhartiya Nagrik Suraksha Sanhita, 2023, seeking a court direction to the Additional Chief Judicial Magistrate, Court No. 11, Azamgarh, to dispose of Complaint Case No. 2205 of 2025 filed under Section 138 of the Negotiable Instruments Act. The magistrate’s case had been pending since 2025, prompting the applicant to request an expeditious decision. The High Court, after hearing counsel for both sides, declined to comment on the merits of the underlying complaint but exercised its supervisory jurisdiction to curb undue delay. It directed the magistrate to decide the case within six months, to produce a certified copy of the order, and to avoid unnecessary adjournments unless a legal impediment existed. The application was consequently disposed of with the stipulated directions.
Issues considered
- Whether the High Court can, under Section 529 of the Bhartiya Nagrik Suraksha Sanhita, 2023, issue a mandatory direction to 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
- case management
- judicial delay
- Negotiable Instruments Act
- Section 138
- expeditious disposal
- magistrate supervision
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 4773 of 2026
Rahul Kumar
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Amar Bahadur Singh, Vishnu Kumar
Prasad
Counsel for Opposite Party(s) : G.A.
Court No. - 77
HON'BLE SANJAY KUMAR PACHORI, J.
Heard Shri Amar Bahadur Singh, 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 Additional Chief Judicial Magistrate, Court No. 11,
Azamgarh to decide the Complaint Case No. 2205 of 2025, under Section
138 Negotiable Instruments Act, Police Station Bilariyaganj, District
Azamgarh within stipulated period.
Considering the fact that the case is pending since 2025, 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. 11,
Azamgarh 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
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