Allahabad High Court
AJAY KUMAR AND 8 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The court directed the magistrate to decide the pending discharge application expeditiously, preferably within one month, without unnecessary adjournments.
Summary
The applicants filed an application under Section 529 of the Bhartiya Nagrik Suraksha Sanhita, 2023, seeking a direction to the Additional Chief Judicial Magistrate, Sonbhadra, to decide a pending discharge application dated 16‑12‑2025 in Criminal Case No. 7586 of 2024, which arises under Sections 3 and 5(1) of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act. The High Court noted that the matter had been pending since 2023 and, without addressing the merits, ordered the magistrate to dispose of the discharge application within one month, after producing a certified copy of the order, and to avoid unnecessary adjournments. The court emphasized that no other legal impediment should delay the decision. Consequently, the application was disposed of with the said direction. The order was signed on 17 September 2026.
Issues considered
- Whether the Additional Chief Judicial Magistrate should be directed to decide the pending discharge application within the period prescribed under Section 529 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
Legislation cited
Subjects
- Section 529
- expeditious disposal
- discharge application
- adjournment
- criminal procedure
- conversion of religion law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 4910 of 2026
Ajay Kumar And 8 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Manoj Kumar
Counsel for Opposite Party(s) : G.A.
Court No. - 77
HON'BLE SANJAY KUMAR PACHORI, J.
Heard Shri Manoj Kumar, 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, Sonbhadra to decide
the discharge application dated 16.12.2025, which is pending in Criminal
Case No. 7586 of 2024, arising out of case crime No. 269 of 2023, under
Section 3, 5(1) of Uttar Pradesh Prohibition of Unlawful Conversion of
Religion Act, Police Station Chopan, District Sonbhadra 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, Sonbhadra to
decide the aforesaid case in accordance with law, as expeditiously as
possible, preferably within a period of one month, 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 17, 2026
T. Sinha
(Sanjay Kumar Pachori,J.)
Digitally signed by :-
TRIPTI SINHA
High Court of Judicature at Allahabad
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