Allahabad High Court
VIJAY KUMARversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The application is disposed of with a direction to the Additional Court to decide the complaint within six months, without unnecessary adjournments.
Summary
The applicant, Vijay Kumar, filed an application under Section 529 of the Bhartiya Nagrik Suraksha Sanhita, 2023, seeking a direction to the Additional Court No. 3, Kanpur Nagar to dispose of a pending complaint (Case No. 165517 of 2024) filed under Section 138 of the Negotiable Instruments Act. The High Court noted that the case had been pending since 2024 and, without addressing the merits, ordered the lower court to decide the matter expeditiously, preferably within six months, and to avoid unnecessary adjournments. The order also required the lower court to produce a certified copy of its decision. No other legal impediment was identified. Consequently, the application was disposed of with the said directions. The judgment was delivered on 18 September 2026 by Justice Sanjay Kumar Pachori.
Issues considered
- Whether the High Court can, under Section 529 of the Bhartiya Nagrik Suraksha Sanhita, direct a subordinate court to decide a pending criminal complaint within a specified time frame.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 529
- Negotiable Instruments Act — s. 138
Subjects
- Section 529
- BNSS
- Section 138
- Negotiable Instruments Act
- delay in trial
- expeditious disposal
- adjournment
- High Court direction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 4788 of 2026
Vijay Kumar
.....Applicant(s)
Versus
State Of U.P. And Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Akhilesh Singh Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 77
HON'BLE SANJAY KUMAR PACHORI, J.
Heard Shri Akhilesh Singh Yadav, 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 Court No. 3, Kanpur Nagar to decide the
Complaint Case No. 165517 of 2024, under Section 138 of Negotiable
Instruments Act, Police Station Kotwali Nagar, District Kanpur Nagar
within stipulated period.
Considering the fact that the case is pending since 2024, without expressing
any opinion on the merits of the case, this application is finally disposed of
with a direction to the Additional Court No. 3, Kanpur Nagar 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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