Brij Bhushan Singh v. State of U.P. and Another
Case brief
What is this about?
S.528 BNSS application for expeditious disposal of pending S.138 N.I. Act cheque dishonour complaint (Criminal Case No.974 of 2018, Brij Bhushan Singh v. Shivshankar Yadav) before Judicial Magistrate, Mohammadabad, Ghazipur; held not maintainable where a prior order dated 18.11.2024 in Application U/s 482 Cr.P.C. No.31192 of 2024 already mandated disposal within six months; second direction for same cause impermissible; remedy is enforcement of existing order or contempt/violation proceedings; application dismissed (Vikram D. Chauhan, J., Allahabad High Court, November 17, 2025).
What did the court decide?
Once this Court has already passed an order dated 18.11.2024 directing disposal of the Section 138 complaint, a second order for the same cause cannot be passed; the applicant must approach the court concerned for compliance of that order or file proceedings for its violation.