Allahabad High Court

KISHAN KUMARversusSTATE OF U.P. AND ANOTHER

Decided: 16 September 2026
Bench: SANJAY KUMAR PACHORI

Holding

The court directed the Judicial Magistrate to decide the pending criminal case expeditiously, without unnecessary adjournments, pursuant to Section 529 of the BNS.

Summary

The applicant filed an application under Section 529 of the Bhartiya Nagrik Suraksha Sanhita, 2023, seeking a direction to the Judicial Magistrate, Kasya, Kushinagar, to decide Criminal Case No. 762 of 2025 (arising from Crime No. 772 of 2024 under Sections 115(2), 351(3), 352 of BNS) within a stipulated period. The High Court noted that the case had been pending since 2025 and, without addressing the merits, ordered the magistrate to dispose of the case as expeditiously as possible, prohibiting unnecessary adjournments. The direction was issued to ensure compliance with the statutory time‑frame under Section 529. No other legal impediment was identified. The application was consequently disposed of with the said direction.

Issues considered

Whether the Judicial Magistrate should be directed under Section 529 of the Bhartiya Nagrik Suraksha Sanhita, 2023 to decide a pending criminal case within a stipulated period
Whether the delay in adjudicating Criminal Case No. 762 of 2025 violates the statutory requirement for speedy trial

Legislation cited

Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 115(2), 351(3), 352, 529

Subjects

Section 529
expedited trial
criminal case delay
Bhartiya Nagrik Suraksha Sanhita
magistrate direction
speedy trial

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     APPLICATION U/S 529 BNSS No. - 4932 of 2026

                                    Kishan Kumar
                                                                                                .....Applicant(s)
                                                                       Versus

                                    State of U.P. and Another
                                                                                                    .....Opposite
                                                                                                          Party(s)

                                    Counsel for Applicant(s)               :    Kamlesh Kumar Kanojiya
                                    Counsel for Opposite Party(s)          :    G.A.

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

                                    Heard Shri Kamlesh Kumar Kanojiya, 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 Judicial Magistrate, Kasya, Kushinagar at Padrauna to
                                    decide the Criminal Case No.762 of 2025, arising out of Case Crime
                                    No.772 of 2024, under Sections 115(2), 351(3), 352 of BNS, Police
                                    Station Kasya, District Kushinagar, 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 Judicial Magistrate, Kasya, Kushinagar
                                    at Padrauna 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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