Allahabad High Court
VIRENDRA KUMARversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The court held that, in the absence of any legal impediment, it may exercise the power under Section 529 of the BNSS, 2023 to direct the ACJM-II to decide the pending complaint expeditiously, preferably within six months.
Summary
The applicant, Virendra Kumar, filed an application under Section 529 of the Bhartiya Nagrik Suraksha Sanhita, 2023, seeking a court direction to the Additional Chief Judicial Magistrate-II, Gautam Buddh Nagar, to decide a pending complaint (Case No. 154 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 his right to a speedy trial. The court examined the statutory power conferred by Section 529 of the BNSS to issue such directions and found no legal impediment to ordering an expeditious disposal. Consequently, the court directed the ACJM-II to decide the case within six months, without unnecessary adjournments, and to produce a certified copy of the order. The application was therefore disposed of with the said direction.
Issues considered
- Whether the High Court can, under Section 529 of the Bhartiya Nagrik Suraksha Sanhita, 2023, direct the ACJM-II to decide a pending complaint under Section 138 of the Negotiable Instruments Act within a stipulated period.
- Whether any legal impediment exists that would prevent the court from imposing such a direction.
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
- court direction
- expedited trial
- adjournment
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 4928 of 2026
Virendra Kumar
.....Applicant(s)
Versus
State Of U.P. And 2 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Gorakh Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 77
HON'BLE SANJAY KUMAR PACHORI, J.
Heard Shri Gorakh Yadav, 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-II, Gautam Buddh Nagar to decide the Complaint
Case No. 154 of 2025, under Section 138 of Negotiable Instruments Act,
Police Station Beeta-2, District Gautam Buddh Nagar, 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-II, Gautam Buddh Nagar 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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