The High Court cannot exercise superintendence over Executive Magistrates, as jurisdiction is limited to Judicial Magistrates under applicable legal provisions.

Hon'ble Nalin Kumar Srivastava, J.

1. The present application has been moved under Section 529 BNSS seeking direction to the court of Additional S.D.M., Deoria to decide the Case No. 36 of 20008/2009, under Section 145 Cr.P.C., Police Station- Gauri Bazar, District- Deoria pending in the said Court expeditiously within stipulated period of time.

2. Heard learned counsel for the applicant as well as learned A.G.A. for the State.

3. The factual matrix of the present matter is that a property dispute arose between the applicant and O.P. No. 2 & 3 wherein notice under Section 145(1) was ordered to be issued by the court of SDM, Deoria vide order dated 01/12/2005. The matter was contended by both the sides and after evidence the court heard the matter finally. However, some adverse orders were passed against O.P. No. 3 in the meantime and matter was brought to the Court of District & Sessions Judge, Deoria and proceedings before the SDM court were stayed in 2021. However, the record of the case was sent back to the court of SDM, Deoria on 12/12/2024. The matter was dealt with by the Court of Additional SDM, Deoria but despite the case being critically old the said court has kept the matter pending and it is lingering on unnecessarily.

4. It is submitted by the learned counsel for the applicant that the said case is very old but since the court concerned is avoiding the disposal of the case. The said casual approach of the Court of Additional SDM, Deoria compelled the applicant to take shelter of the High Court praying for a direction to the Court of Additional Sub Divisional Magistrate, Deoria for expeditious disposal of the case no. 36 of 20008/2009 aforesaid under Section 145 Cr.P.C. ( Section 164 BNSS ).

5. Learned AGA opposed the prayer.

6. I have considered the submissions and perused the record.

7. Instead of proceeding with the instant matter on its merits this Court has taken notice of the fact that the application has been moved under Section 529 BNSS ( Section 483 Cr.P.C.) hence, it would be proper at this stage to have a glance upon the provisions of Section 529 BNSS to find out the entertainability of the present application before this Court. The provisions of Section 529 BNSS , which are corresponding provisions to Sec. 483 of Criminal Procedure Code, 1973 are extracted as herein below:

“Sec.529. Duty of High Court to exercise continuous superintendence over Courts -Every High Court shall so exercise its superintendence over the Courts of Session and Courts of Judicial Magistrates subordinate to it as to ensure that there is an expeditious and proper disposal of cases by the Judges and Magistrates.”

8. Section 483 of Cr.P.C., on the other hand provides that-

“Sec.483. Duty of High Court to exercise continuous superintendence over Courts of Judicial Magistrates. —Every High Court shall so exercise its superintendence over the Courts of Judicial Magistrates subordinate to it as to ensure that there is an expeditious and proper disposal of cases by such Magistrates.”

9. The language of the provisions contained in Section 529 BNSS (sec.483 Cr.P.C.) is very clear to ascertain the jurisdiction of this Court to entertain the instant application because it provides that the High Court shall exercise its superintendence over the Courts of Judicial Magistrates and Court of Sessions subordinate to it. Admittedly, the case of applicant for expeditious disposal of which the present app