Allahabad High Court
SMT VINITA VERMAversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The High Court held that it may, under Section 529, direct the magistrate to decide the pending complaint expeditiously, preferably within six months, without unnecessary adjournments.
Summary
The applicant, Smt Vinita Verma, 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. 3, Meerut, to dispose of a pending complaint (Case No. 13526 of 2025) under Section 138 of the Negotiable Instruments Act. The complaint had been pending since 2025. The High Court, without examining the merits of the criminal complaint, exercised its supervisory jurisdiction under Section 529 to issue a directive that the magistrate decide the case within six months and avoid unnecessary adjournments, subject to the production of a certified copy of the order. The direction was intended to ensure expeditious trial and prevent undue delay. 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 magistrate to decide a pending criminal complaint within a specified time frame.
- Whether such a direction infringes on the discretion of the magistrate or the principles of natural justice.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 529
- Negotiable Instruments Act — s. 138
Subjects
- Section 529
- case management
- expeditious trial
- Negotiable Instruments Act
- criminal procedure
- adjournments
- judicial supervision
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 4777 of 2026
Smt Vinita Verma
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Indra Deo Mishra, Pankaj Kumar Tiwari
Counsel for Opposite Party(s) : G.A.
Court No. - 77
HON'BLE SANJAY KUMAR PACHORI, J.
Heard Ms. Soniya Dwivedi, Advocate holding brief of Shri Indra Deo
Mishra, 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. 3 Meerut to
decide the Complaint Case No. 13526 of 2025, under Section 138 of
Negotiable Instruments Act, Police Station Pallavpuram, District Meerut
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. 3
Meerut 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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