Allahabad High Court

HASIBUN NISHAversusSTATE OF U.P. AND ANOTHER

Decided: 16 September 2026
Bench: SANJAY KUMAR PACHORI

Holding

The High Court directed the Civil Judge (SD)/FTC, Gorakhpur to decide the pending Section 138 complaint within six months, without granting unnecessary adjournments.

Summary

The applicant, Hasibun Nisha, filed an application under Section 529 of the Bhartiya Nagrik Suraksha Sanhita, 2023, seeking a court order directing the Civil Judge (SD)/FTC in Gorakhpur to decide a pending complaint (Case No. 21368 of 2025) filed under Section 138 of the Negotiable Instruments Act. The High Court noted that the complaint had been pending since 2025 and, without addressing the merits, issued a directive that the lower court decide the matter as expeditiously as possible, preferably within six months, and avoid unnecessary adjournments. The order also required the production of a certified copy of the decision. The application was consequently disposed of with the said directions. No substantive findings on the underlying criminal complaint were made. The judgment was delivered by Justice Sanjay Kumar Pachori on 17 September 2026.

Issues considered

Whether the High Court can, under Section 529 of the Bhartiya Nagrik Suraksha Sanhita, direct a lower court to decide a pending criminal complaint within a specified time frame.

Legislation cited

Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 529
Negotiable Instruments Act — s. 138

Subjects

Section 529
BNSS
Section 138
Negotiable Instruments Act
judicial delay
expeditious disposal
civil procedure

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     APPLICATION U/S 529 BNSS No. - 4921 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. 21368 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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