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Allahabad High Court

SMT VINITA VERMAversusSTATE OF U.P. AND ANOTHER

Decided

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

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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