Allahabad High Court
NISAR AHMADversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The application filed under Section 529 of the BNSS is dismissed as not pressed.
Summary
The applicant, Nisar Ahmad, 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. 1, Kanpur Dehat, to decide a complaint (Case No. 1659 of 2019) filed under Section 138 of the Negotiable Instruments Act within a stipulated time. The applicant’s counsel acknowledged that a similar application under the same provision had already been decided by a coordinate bench of the High Court on 1 August 2025. During the hearing, the applicant’s counsel expressed that the applicant no longer wished to pursue the present application. Consequently, the court dismissed the application as not pressed. The certified copy of the documents was to be returned to the applicant’s counsel after retaining a xerox copy.
Issues considered
- What is the appropriate procedural response when an applicant withdraws or chooses not to press an application filed under Section 529 of the BNSS?
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 529
- Negotiable Instruments Act — s. 138
Subjects
- Section 529
- BNSS
- Negotiable Instruments Act
- Section 138
- application dismissed
- not pressed
- procedural withdrawal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 4775 of 2026
Nisar Ahmad
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Anzar Haroon, Haroon Ahmad
Counsel for Opposite Party(s) : G.A.
Court No. - 77
HON'BLE SANJAY KUMAR PACHORI, J.
Shri Anzar Haroon, learned counsel for the applicant and Shri Alok Mishra,
learned A.G.A. for the State are present.
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. 1, Kanpur
Dehat to decide the Complaint Case No. 1659 of 2019, under Section 138 of
Negotiable Instruments Act within stipulated period.
Learned counsel for the applicant fairly admits that the applicant has filed
another application under Section 529 of BNSS, which has been decided by
a Coordinate Bench of this Court on 1.8.2025.
After some arguments, learned counsel for the applicant does not want to
press this application and the same may be dismissed as not pressed.
The instant application is dismissed as not pressed accordingly.
Office shall return the certified copy of the documents to the learned counsel
for the applicant, after retaining a xerox of the same.
September 18, 2026
T. Sinha
(Sanjay Kumar Pachori,J.)
Digitally signed by :-
TRIPTI SINHA
High Court of Judicature at Allahabad
Checking your session…