Allahabad High Court

SMT. ISTUTI SHARMAversusSTATE OF U.P. AND 7 OTHERS

Decided: 17 September 2026
Bench: SANJAY KUMAR PACHORI

Holding

The High Court directed the Additional Chief Judicial Magistrate to decide the pending domestic violence complaint expeditiously within six months, without unnecessary adjournments.

Summary

The applicant, Smt. Istuti Sharma, filed an application under Section 529 of the Bhartiya Nagrik Suraksha Sanhita, 2023, seeking a court direction to the Additional Chief Judicial Magistrate, Khurja, to decide a pending complaint (Case No. 169 of 2025) filed under Section 12 of the Protection of Women from Domestic Violence Act, 2005. The complaint had been pending since 2025 with no resolution. The High Court, after hearing counsel, noted that the matter was purely procedural and did not express any view on the merits of the domestic violence case. It ordered the magistrate to decide the complaint expeditiously, preferably within six months, and to avoid unnecessary adjournments, provided there was no other legal impediment. The application was consequently disposed of with the said direction.

Issues considered

Whether the High Court can, under Section 529 of the Bhartiya Nagrik Suraksha Sanhita, 2023, direct a Judicial Magistrate to decide a pending complaint within a specified time frame?
Whether such a direction interferes with the merits of the underlying domestic violence complaint?

Legislation cited

Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 529
Protection of Women from Domestic Violence Act, 2005 — s. 12

Subjects

Section 529
Bhartiya Nagrik Suraksha Sanhita
Protection of Women from Domestic Violence Act
procedural direction
expeditious disposal
judicial magistrate
adjournments

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                APPLICATION U/S 529 BNSS No. - 4776 of 2026

                                    Smt. Istuti Sharma
                                                                                                   .....Applicant(s)
                                                                        Versus
                                    State Of U.P. And 7 Others
                                                                                                      .....Opposite
                                                                                                            Party(s)

                                    Counsel for Applicant(s)             :   Hemant Sharma, Saurabh Kumar
                                    Counsel for Opposite Party(s)        :   G.A.

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

                                    Heard Shri Saurabh Kumar, 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 the Additional Chief Judicial Magistrate Khurja, Bulandshahr to
                                    decide the Complaint Case No. 169 of 2025, under Section 12 of Protection
                                    of Women from Domestic Violence Act, 2005, Police Station Khurja Nagar,
                                    District Bulandshahr 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 Khurja,
                                    Bulandshahr 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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