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Allahabad High Court

PRAVEEN KUMAR TIWARIversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The Court directed the Additional Chief Judicial Magistrate to decide the pending Section 138 complaint within six months, without unnecessary adjournments.

Summary

The applicant, Praveen Kumar Tiwari, filed an application under Section 529 of the Bhartiya Nagrik Suraksha Sanhita, 2023, seeking a court direction to the Additional Chief Judicial Magistrate, Court No. 11, Azamgarh, to decide a pending complaint (Case No. 2126 of 2025) filed under Section 138 of the Negotiable Instruments Act, 1881. The complaint had remained unresolved since 2025, prompting the applicant to request an expeditious disposal. The High Court, after hearing counsel for both parties, noted the delay but did not opine on the merits of the underlying complaint. It ordered the magistrate to decide the case within six months, without unnecessary adjournments, and to produce a certified copy of the order. 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, direct a magistrate to decide a pending Section 138 complaint within a specified time frame.

Legislation cited

Subjects

  • Section 529
  • Section 138
  • delay in disposal
  • expeditious trial
  • magistrate direction
  • criminal procedure

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                APPLICATION U/S 529 BNSS No. - 4783 of 2026

                                    Praveen Kumar Tiwari
                                                                                                   .....Applicant(s)
                                                                        Versus
                                    State Of U.P. And Another
                                                                                                      .....Opposite
                                                                                                            Party(s)

                                    Counsel for Applicant(s)      : Amar Bahadur Singh, Anil Kumar
                                                                    Pandey
                                    Counsel for Opposite Party(s) : G.A.

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

                                    Heard Shri Amar Bahadur Singh, learned counsel for the applicant, Shri
                                    A.K. Rai, 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. 11,
                                    Azamgarh to decide the Complaint Case No. 2126 of 2025, under Section
                                    138 of Negotiable Instruments Act, 1881, Police Station Azamgarh,
                                    District Azamgarh 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. 11,
                                    Azamgarh 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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