Allahabad High Court
PRASHANT KUMAR SINGHversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The High Court held that it may exercise its power under Section 529 to direct the ACJM to decide the pending complaint expeditiously, preferably within six months, provided no legal impediment exists.
Summary
The applicant, Prashant Kumar Singh, filed an application under Section 529 of the Bhartiya Nagrik Suraksha Sanhita, 2023, seeking a direction to the Additional Chief Judicial Magistrate (ACJM), Court No.6, Varanasi, to decide a pending complaint (Case No. 4146 of 2025) filed under Section 138 of the Negotiable Instruments Act. The complaint had been pending since 2025, and the applicant argued that the delay violated the right to a speedy trial. The High Court examined its statutory power under Section 529 to issue procedural directions to lower courts without delving into the merits of the underlying case. Noting the undue delay, the Court exercised its authority to order the ACJM to dispose of the complaint expeditiously, preferably within six months, and to avoid unnecessary adjournments, subject to the absence of any legal impediment. The application was consequently disposed of with the said direction, and no further orders were made regarding the merits of the complaint.
Issues considered
- Whether the High Court can, under Section 529 of the Bhartiya Nagrik Suraksha Sanhita, 2023, direct a lower court to decide a pending criminal complaint within a specified time frame without addressing the merits of the case.
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
- delay in trial
- procedural direction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 4926 of 2026
Prashant Kumar Singh
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Shriya Walia, Sudha Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 77
HON'BLE SANJAY KUMAR PACHORI, J.
Heard Ms. Sudha Singh, 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.6, Varanasi to decide the Complaint
Case No. 4146 of 2025, under Section 138 of Negotiable Instruments Act,
Police Station Cantt., District Varanasi, 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 ACJM, Court No.6, Varanasi 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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