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2026 DAILYLAW 9994 (ALL)

RAHUL KUMAR v. STATE OF U.P. AND ANOTHER

NA529/4811/2026 · 2026-09-29

Subhash Chandra Sharma

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 529 BNSS No. - 4811 of 2026 Court No. - 78 HON'BLE SUBHASH CHANDRA SHARMA, J. Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the material on record. The present application u/s 529 B.N.S.S. has been filed with a prayer to allow this application and direct the learned trial court for expeditious trial under section 529 of B.N.S.S. of the Complaint Case No. 2124 of 2025, titled as Rahul Kumar Versus Anshuman Rai under Section 138 of N.I. Act, 1881 before the Additional Chief Judicial Magistrate, Court No.11, Azamgarh, Police Station Bilariyaganj, Azamgarh within stipulated period. It is submitted by learned counsel for the applicant that a complaint filed under Section 138 N.I. Act, that is pending before the learned trial court from 18.07.2025 and has not been decided till now, therefore, request to direct the learned trial court to proceed with the case and decide it finally within stipulated time period. Learned A.G.A. opposed the prayer as aforesaid. Considering the facts and circumstances of the case, submissions made by learned counsel for the applicant as well as learned A.G.A., perusal of record, the order sheet of the case and in view of large number of cases pending before the learned trial court it cannot be directed to decide the case within a stipulated period of time unless there are exceptional circumstances those are lacking in the present case. However, it is expedient to direct the learned trial court to make its endeavour to proceed with the case in accordance with law without granting any unnecessary or long adjournments Versus Counsel for Applicant(s) : Amar Bahadur Singh, Vijaya Upadhyay Counsel for Opposite Party(s) : G.A. Rahul Kumar .....Applicant(s) State of U.P. and Another .....Opposite Party(s) to either of the parties, if there is no other legal impediment. Accordingly, this application u/s 529 B.N.S.S. is disposed of. September 30, 2026 Suraj Srivastav NA529 No. 4811 of 2026 2 (Subhash Chandra Sharma,J.) Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad