Allahabad High Court
DEVESH KUMAR SINGHversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The High Court held that it may issue a direction under Section 529 to ensure expeditious disposal of a pending case, provided no legal impediment exists.
Summary
The applicant, Devesh Kumar Singh, filed an application under Section 529 of the Bhartiya Nagrik Suraksha Sanhita, 2023, seeking a court direction that the Civil Judge (J.D.) in Jaunpur decide a pending criminal case (Case No. 178 of 2022) under Section 138 of the Negotiable Instruments Act. The High Court noted that the case had been pending since 2022 and that no merits of the underlying criminal matter were before it. The Court exercised its inherent powers to issue a case‑management direction, ordering the lower court to dispose of the matter within six months and to avoid unnecessary adjournments. No substantive assessment of the criminal charge was made. The application was disposed of with the said direction. The order was signed by Justice Sanjay Kumar Pachori on 18 September 2026.
Issues considered
- Whether the High Court can, under Section 529 of the Bhartiya Nagrik Suraksha Sanhita, direct a subordinate civil judge to decide a pending criminal case within a specified time‑frame.
- Whether such a direction infringes on the lower court's discretion or the principle of judicial independence.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 529
- Negotiable Instruments Act — s. 138
Subjects
- Section 529 application
- case management
- expeditious disposal
- adjournments
- Negotiable Instruments Act
- criminal procedure
- judicial direction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 4794 of 2026
Devesh Kumar Singh
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Harish Kumar Srivastava, Kumar Ankit
Srivastava
Counsel for Opposite Party(s) : G.A.
Court No. - 77
HON'BLE SANJAY KUMAR PACHORI, J.
Heard Shri Yash Kumar Daksh, Advocate holding brief of Shri Kumar Ankit
Srivastava, 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 Civil Judge (J.D.), Jaunpur, to decide the Case No. 178 of
2022, under Section 138 of Negotiable Instruments Act, Police Station Line
Bazar, District Jaunpur within stipulated period.
Considering the fact that the case is pending since 2022, without expressing
any opinion on the merits of the case, this application is finally disposed of
with a direction to the Civil Judge (J.D.), Jaunpur 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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