Allahabad High Court
JAI KRISHNA KUMAR PANDEYversusSTATE OF U.P. AND 8 OTHERS
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The High Court directed the Additional Chief Judicial Magistrate to decide the pending complaint within three months, without unnecessary adjournments, under Section 529 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
Summary
The applicant, Jai Krishna Kumar Pandey, filed an application under Section 529 of the Bhartiya Nagrik Suraksha Sanhita, 2023, seeking a direction to the Additional Chief Judicial Magistrate, Court No. 2, Basti, to conclude the pending Complaint Case No. 80 of 2026. The High Court noted that the complaint had been pending since 2026 and, without addressing the merits, ordered that the magistrate decide the case expeditiously, preferably within three months, and refrain from granting unnecessary adjournments. The court also directed the magistrate to produce a certified copy of the order. The application was thereby disposed of finally with the said direction. No substantive findings on the underlying criminal matter were made.
Issues considered
- Whether the High Court can, under Section 529 of the Bhartiya Nagrik Suraksha Sanhita, 2023, direct a lower magistrate to dispose of a pending criminal complaint within a specified time frame.
Legislation cited
Subjects
- Section 529
- Bhartiya Nagrik Suraksha Sanhita
- speedy disposal
- criminal procedure
- magistrate
- adjournment
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 4774 of 2026
Jai Krishna Kumar Pandey
.....Applicant(s)
Versus
State Of U.P. And 8 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Kripa Shanker Pandey
Counsel for Opposite Party(s) : G.A.
Court No. - 77
HON'BLE SANJAY KUMAR PACHORI, J.
Heard Shri Kripa Shanker Pandey, learned counsel for the applicant, Shri
Karunakar 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. 2, Basti to
conclude the inquiry of Complaint Case No. 80 of 2026, Police Station
Walterganj, District Basti within stipulated period.
Considering the fact that the case is pending since 2026, 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,
Basti to decide the aforesaid case in accordance with law, as expeditiously as
possible, preferably within a period of three 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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