Allahabad High Court
PRASHANT KUMAR SINGHversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The High Court directed the ACJM, Court No.6, Varanasi to decide the pending Section 138 complaint within six months and to refrain from granting unnecessary adjournments.
Summary
The applicant 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.6, Varanasi, to dispose of a pending complaint (Case No. 29 of 2026) filed under Section 138 of the Negotiable Instruments Act. The High Court noted that the case had been pending since 2026 and, without addressing the merits, issued a direction that the lower court decide the matter expeditiously, 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 merits of the complaint were examined.
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
- Whether the direction to avoid unnecessary adjournments is permissible
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 529
- Negotiable Instruments Act — s. 138
Subjects
- Section 529
- Bhartiya Nagrik Suraksha Sanhita
- Negotiable Instruments Act
- Section 138
- expeditious disposal
- adjournment
- application under Section 529
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 4927 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. 29 of 2026, under Section 138 of Negotiable Instruments Act,
Police Station Cantt., District Varanasi, within stipulated period.
Considering the fact that the case is pending since 2026, 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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