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Allahabad High Court

SUDISHT MUNI BHARTIversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The High Court directed the ACJM, Court No.2, Gorakhpur to decide the pending criminal case expeditiously, without unnecessary adjournments, under Section 529 of the Bhartiya Nagrik Suraksha Sanhita, 2023.

Summary

The applicant, Sudisht Muni Bharti, filed an application under Section 529 of the Bhartiya Nagrik Suraksha Sanhita, 2023, seeking a court order directing the Additional Chief Judicial Magistrate, Court No.2, Gorakhpur, to dispose of a pending criminal complaint (Case No.17678 of 2022) that involves multiple IPC offences. The applicant argued that the case had been pending since 2022 and required expeditious disposal without unnecessary adjournments. The High Court, after hearing counsel, noted that the application did not address the merits of the underlying criminal case. Relying on Section 529, the Court directed the ACJM to decide the case as soon as possible, limiting any further adjournments unless a legal impediment existed. 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, issue a direction to a lower court to expedite the disposal of a pending criminal case.
  • Whether such a direction can be made without expressing an opinion on the merits of the underlying criminal proceedings.

Legislation cited

Subjects

  • Section 529
  • Bhartiya Nagrik Suraksha Sanhita
  • expeditious trial
  • criminal procedure
  • adjournment
  • case management
  • pending criminal case

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     APPLICATION U/S 529 BNSS No. - 4923 of 2026

                                    Sudisht Muni Bharti
                                                                                                .....Applicant(s)
                                                                       Versus

                                    State Of U.P. And 3 Others
                                                                                                    .....Opposite
                                                                                                          Party(s)

                                    Counsel for Applicant(s)      : Arvind Prabodh Dubey, Puneet Mishra
                                    Counsel for Opposite Party(s) : G.A.

                                    Court No. - 77
                                                     HON'BLE SANJAY KUMAR PACHORI, J.

                                    Heard Shri Puneet Mishra, 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 ACJM, Court No.2, Gorakhpur to decide the Complaint
                                    Case No.17678 of 2022, under Sections 419, 420, 467, 468, 406, 504,
                                    506, 471, 120-B of IPC, Police Station Shahpur, District Gorakhpur,
                                    within stipulated period.

                                    Considering the fact that the case is pending since 2022, without
                                    expressing any opinion on the merits of the case, this application is finally
                                    disposed of with a direction to the ACJM, Court No.2, Gorakhpur, to
                                    decide the aforesaid case in accordance with law, as expeditiously as
                                    possible, 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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