Allahabad High Court
PRAVEEN KUMAR TIWARIversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The High Court directed the Additional Chief Judicial Magistrate to decide the pending complaint expeditiously, preferably within six months, and disposed of the application.
Summary
The applicant filed an application under Section 529 of the Bhartiya Nagrik Suraksha Sanhita, 2023 seeking a direction to the Additional Chief Judicial Magistrate, Court No. 11, Azamgarh, to decide a pending complaint (Case No. 2206 of 2025) filed under Section 138 of the Negotiable Instruments Act, 1881. The complaint had been pending since 2023. The High Court, without addressing the merits of the complaint, exercised its power under Section 529 to order the magistrate to dispose of the case expeditiously, preferably within six months, and to avoid unnecessary adjournments. The Court also directed the magistrate to produce a certified copy of the order. No other legal impediment was found. 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 complaint within a specified time frame.
- Whether any legal impediment exists to imposing such a direction on the Additional Chief Judicial Magistrate.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 529
- Negotiable Instruments Act, 1881 — s. 138
Subjects
- Section 529
- expeditious disposal
- magistrate direction
- Negotiable Instruments Act
- Section 138
- adjournment
- judicial direction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 4795 of 2026
Praveen Kumar Tiwari
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Amar Bahadur Singh, Vijaya Upadhyay
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. 2206 of 2025, under Section
138 of Negotiable Instruments Act, 1881, Police Station Mahrajganj, District
Azamgarh, within stipulated period.
Considering the fact that the case is pending since 2023, 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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