Allahabad High Court
MEWALAL MAURYA AND ANOTHERversusSTATE OF U.P. AND 5 OTHERS
- Decided
Holding
The High Court disposed of the Section 529 application, directing the Sessions Court to decide the pending stay application without undue delay.
Summary
The applicants filed an application under Section 529 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) seeking a direction to the District & Sessions Judge, Bhadohi, to expeditiously decide a pending stay application filed in Criminal Revision No. 108 of 2026 against an order dated 08.06.2026 passed by the SDM under Section 152 BNSS. The High Court noted that the stay application filed on 15.06.2026 remained undecided and that the revisional court had issued notices but no hearing had been concluded. Both parties, including the learned Additional Government Advocate, consented to a prompt determination. The Court directed the trial court to decide the stay application as soon as possible, preferably on the fixed date of 01.10.2026, without unnecessary adjournments, and disposed of the Section 529 application.
Issues considered
- Whether the High Court can, under Section 529 BNSS, direct the Sessions Court to decide a pending stay application expeditiously?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 152, 529
Subjects
- Section 529 application
- stay order
- Criminal Revision
- expeditious hearing
- adjournment
- High Court direction
- BNSS
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 4814 of 2026
Mewalal Maurya And Another
.....Applicant(s)
Versus
State Of U.P. And 5 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Aadarsh Mohan Pandey, Riyajuddin
Ansari
Counsel for Opposite Party(s) : G.A.
Court No. - 78
HON'BLE SUBHASH CHANDRA SHARMA, J.
Heard learned counsel for the applicant as well as learned A.G.A. for the
State and perused the material on record.
The present application u/s 529 B.N.S.S. has been filed with a prayer to
allow this application and issue an appropriate direction to the learned
District & Sessions Judge, Bhadohi at Gyanpur to take up and decide
expeditiously the pending stay application filed by the applicants in Criminal
Revision No. 108 of 2026, (Mewalal Maurya & Another Vs. State of U.P. &
Others), arising out of the order dated 08.06.2026 passed by the
learned Ziladhikari/SDM, Aurai, District Bhadohi under Section 152 of the
Bharatiya Nagarik Suraksha Sanhita, 2023, preferably within a short and
stipulated period.
It is submitted by learned counsel for the applicant that an order was passed
by learned SDM concerned against which he filed a criminal revision before
the learned court of Sessions as Criminal Revision No. 108 of 2026. An
application for staying the operation of order passed by learned S.D.M. dated
08.06.2026 was also moved on 15.06.2026 that is still pending and has not
been decided till now, therefore, request to direct the learned trial court to
pass an appropriate order on an application dated 15.06.2026.
Learned A.G.A. has no objection in this regard.
Considering the facts and circumstances of the case, submissions made by
learned counsel for the applicant as well as learned A.G.A., perusal of record
and the order sheet, it appears that the Criminal Revision No. 108 of 2026 is
NA529 No. 4814 of 2026
2
pending before the learned court of Sessions with an application for staying
the operation of order passed by learned S.D.M. dated 08.06.2026 and has
not been decided till now. The learned revisional court has issued notice to
opposite parties for giving an opportunity of hearing to them on which
opposite party nos. 4, 5 and 6 have appeared before the learned court and
notice sent through registered post has not returned and dated 01.08.2026
has also been fixed. In the circumstances of the case, it is expedient to direct
the learned trial court to pass an appropriate order on the application dated
15.06.2026 for staying the operation, as expeditiously as possible, in
accordance with law, without granting any unnecessary or long
adjournments to either of the parties and as far as possible it will make its
endeavor to decide the application on the date so fixed i.e. 01.10.2026, if
there is no other legal impediment.
Accordingly, this application u/s 529 B.N.S.S. is disposed of.
September 30, 2026
Suraj Srivastav
(Subhash Chandra Sharma,J.)
Digitally signed by :-
SURAJ SRIVASTAVA
High Court of Judicature at Allahabad
Checking your session…