Allahabad High Court
SUDISHT MUNI BHARTIversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- SANJAY KUMAR PACHORI
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
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 529
- Indian Penal Code — s. 120-B, 406, 419, 420, 467, 468, 471, 504, 506
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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