Allahabad High Court
SHIVAKANT NAVIKversusUNION OF INDIA AND ANOTHER
- Decided
Holding
The petitioner must seek expeditious disposal through an application under Section 528 of the BNSS or a criminal writ, not via the present writ petition.
Summary
The petitioner, Shivakant Navik, filed a writ petition seeking a direction to the Additional Chief Judicial Magistrate, Court No.4, Jaunpur, to expedite the disposal of his criminal application in Case Crime No. 72 of 2021, which involved offences under Sections 147, 452, 323, 336, 504, 506 and 427 of the Indian Penal Code. The High Court examined whether the petitioner could obtain such expeditious disposal through a writ or whether the appropriate remedy lay in filing an application under Section 528 of the BNSS. The Court held that the correct remedy was to pursue the statutory route under Section 528 of the BNSS or a criminal writ, not the writ petition presented. Consequently, the Court dismissed the writ petition, granting the petitioner liberty to approach the appropriate forum. The decision underscores the principle that procedural remedies must be pursued in the correct statutory channel.
Issues considered
- What is the appropriate remedy for a petitioner seeking expeditious disposal of a criminal application pending before a magistrate?
Legislation cited
- BNSS — s. 528
- Indian Penal Code — s. 147, 323, 336, 427, 452, 504, 506
Subjects
- expeditious disposal
- criminal procedure
- writ petition
- Section 528
- IPC
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 18510 of 2026
Shivakant Navik
.....Petitioner(s)
Versus
Union Of India And Another
.....Respondent(s)
Counsel for Petitioner(s) : Jay Prakash Narayan, Ram Raj Prajapati
Counsel for Respondent(s) : A.S.G.I., Chandrika Prasad
Court No. - 40
HON'BLE SARAL SRIVASTAVA, J.
HON'BLE GARIMA PRASHAD, J.
1. Heard learned counsel for the petitioner and learned counsel for the
respondents.
2. The petitioner has sought a direction to the Additional Chief Judicial
Magistrate, Court No.4, Jaunpur for expeditious disposal of application of
petitioner in Case Crime No.72 of 2021, under Sections 147, 452, 323, 336,
504, 506 and 427 I.P.C., Police Station Khuthan, District Jaunpur.
3. If petitioner wants expeditious disposal of application in Case Crime
No.72 of 2021, under Sections 147, 452, 323, 336, 504, 506 and 427 I.P.C.,
Police Station Khuthan, District Jaunpur, the remedy of the petitioner is
either to file application under Section 528 of BNSS or criminal writ seeking
appropriate direction from the Court concerned.
4. In such view of the fact, we dismiss the writ petition with the aforesaid
liberty.
May 12, 2026
Sattyarth
(Garima Prashad,J.) (Saral Srivastava,J.)
Digitally signed by :-
SATTYARTH ANAND
High Court of Judicature at Allahabad
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