Allahabad High Court

RAMAWADHversusSTATE OF UTTAR PRADESH AND 8 OTHERS

Decided: 13 September 2026
Bench: VIKRAM D CHAUHAN

Holding

The High Court held that, in the absence of exceptional circumstances, it cannot issue a time‑bound disposal direction under Article 227 and the petition must be dismissed.

Summary

The petitioner, Ramawadh, filed a petition under Article 227 seeking a direction to the Civil Judge (Junior Division)/F.T.C‑II, Chandauli to expedite the trial of Criminal Case No. 2274 of 2016 involving offences under Sections 147, 323, 504, 506, 324 and 325 IPC. The petitioner argued that a time‑bound disposal was necessary and claimed to be an informant. The State, represented by the Advocate General, cited a recent Supreme Court decision (High Court Bar Association v State of U.P., 2023 INSC 150) emphasizing that constitutional courts should intervene with time‑bound schedules only in exceptional circumstances. The High Court examined whether such exceptional circumstances existed and found none. Consequently, the Court disposed of the petition, directing the petitioner to approach the trial court directly for expeditious disposal and reminding both prosecution and defence to avoid unnecessary delays. The judgment reiterates that supervisory courts should not prescribe schedules unless truly exceptional situations arise.

Issues considered

Can a High Court, exercising its supervisory jurisdiction under Article 227, issue a direction for time‑bound disposal of a criminal trial pending before a lower court?
Do the facts of the present case constitute ‘exceptional circumstances’ justifying such a direction?
What is the appropriate remedy for the petitioner seeking speedy trial?

Legislation cited

Indian Penal Code — s. 147, 323, 324, 325, 504, 506

Subjects

Article 227
supervisory jurisdiction
speedy trial
time‑bound disposal
exceptional circumstances
criminal procedure
IPC sections

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12119 of 2026

Ramawadh
.....Petitioner(s)
Versus

State Of Uttar Pradesh And 8 Others
.....Respondent(s)

Counsel for Petitioner(s) : Ashutosh Kumar Singh, Dinesh Kumar
Pandey
Counsel for Respondent(s) : G.A.

Court No. - 55
HON'BLE VIKRAM D. CHAUHAN, J.

1. Heard learned counsel for the petitioner and learned A.G.A. For the
State.

2. The present petition has been filed with the following prayer:-

"a) Direction upon the Civil Judge (Junior Division)/F.T.C.-II, Chandauli to decide
the Criminal Case No.2274 of 2016 (State Versus Shiv Shanker and others), arising
out of Case Crime No.0019 of 2016, CNR No.UPCDO40012222016, under Section
147, 323, 504, 506, 324, 325 I.P.C., Police Station Dheena, Chandauli pending before
him expeditiously or within the period fixed by this Hon'ble Court for the same."

3. Learned counsel for the petitioner submits that the proceedings before
the court concerned be directed to be concluded in a time bound manner.
It is submitted by learned counsel for the petitioner that the petitioner is
informant.

4. Learned AGA submits that the speedy trial is one of the essential
requirement of judicial process and he submits that the present petition
may be decided in terms of judgement dated 29.2.2024 passed by
Supreme Court in High Court Bar Association, Allahabad Vs State of
U.P and others – 2023 INSC 150.

5. The prayer in the present petition is for disposal of the above
mentioned case in a time bound manner. The Supreme Court in a recent
judgement dated 29/2/2024 being High Court Bar Association,
Allahabad Vs State of U.P and others (supra) has held as under :-
A227 No. 12119 of 2026
2

"Constitutional Courts, in the ordinary course, should refrain from fixing
a time-bound schedule for the disposal of cases pending before any other
Courts. Constitutional Courts may issue directions for the time-bound
disposal of cases only in exceptional circumstances. The issue of
prioritising the disposal of cases should be best left to the decision of the
concerned Courts where the cases are pending; and"

6. Learned counsel for the petitioner has not shown any exceptional
circumstances to issue direction at this stage. Considering the nature of
prayer made by counsel for the petitioner, the interest of justice would be
served, in the event, petitioner applies before the court concerned for
expeditious disposal of the above mentioned case.

7. In view of the aforesaid, the present petition is disposed of with liberty
to the petitioner to prefer an application before the court concerned for
disposal of the above mentioned case in a time bound manner. In the
event any such application is filed by the petitioner before the court
concerned, the court concerned shall consider the same and pass
appropriate order in accordance with law. It goes without saying that the
prosecution shall co-operate in the trial court proceeding and shall
produce the prosecution witness without delay. The accused person shall
also not be granted any unnecessary adjournment by the court concerned.

8. It is also provided that in the event there is any legal impediment before
the court concerned in disposal of the case, then the court concerned shall
pass an appropriate order disclosing the legal impediment as to why the
proceedings of the above mentioned case cannot be proceeded with.

9. The present petition is accordingly disposed of with the aforesaid
direction.

(Vikram D. Chauhan,J.)
September 14, 2026
D. Tamang

Digitally signed by :-
DHIRENDRA TAMANG
High Court of Judicature at Allahabad

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