Allahabad High Court
HASIBUN NISHAversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The High Court directed the Civil Judge (SD)/FTC, Gorakhpur to decide the pending Section 138 complaint expeditiously, preferably within six months, and to refrain from granting unnecessary adjournments.
Summary
The applicant, Hasibun Nisha, filed an application under Section 529 of the Bhartiya Nagrik Suraksha Sanhita, 2023, seeking a court direction that the Civil Judge (SD)/FTC in Gorakhpur decide a pending complaint under Section 138 of the Negotiable Instruments Act (Complaint No. 21370 of 2025) within a reasonable time. The High Court noted that the case had been pending since 2025 and, without addressing the merits, ordered the lower court to dispose of the matter expeditiously, preferably within six months, and to avoid unnecessary adjournments, subject to the production of a certified copy of the order. The direction was issued to ensure timely justice and prevent further delay. The application was consequently disposed of with the said direction. The judgment does not discuss any substantive issues of the underlying complaint.
Issues considered
- Whether Section 529 of the Bhartiya Nagrik Suraksha Sanhita, 2023 empowers the High Court to direct a lower court to decide a pending criminal complaint within a specified time frame.
- Whether the High Court can impose a limitation on adjournments in a pending case under Section 138 of the Negotiable Instruments Act.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 529
- Negotiable Instruments Act — s. 138
Subjects
- Section 529
- case management
- expeditious disposal
- Negotiable Instruments Act
- Section 138
- adjournment
- civil procedure
- court direction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 4920 of 2026
Hasibun Nisha
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Muhd Shadab, Yashpal Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 77
HON'BLE SANJAY KUMAR PACHORI, J.
Heard Shri Mohd. Shadab, learned counsel for the applicant, Shri B.N.
Upadhyay, learned Brief Holder 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 (SD)/FTC, Gorakhpur to decide the
Complaint Case No. 21370 of 2025, under Section 138 of Negotiable
Instruments Act, Police Station Gulriha, District Gorakhpur, within
stipulated period.
Considering the fact that the case is pending since 2025, without
expressing any opinion on the merits of the case, this application is finally
disposed of with a direction to the Civil Judge (SD)/FTC, Gorakhpur 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.
(Sanjay Kumar Pachori,J.)
September 17, 2026
KJ
Digitally signed by :-
KAMARJAHAN ANSARI
High Court of Judicature at Allahabad
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