Allahabad High Court
SURESHversusSANJAY SHARMA AND 9 OTHERS
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The High Court exercised its supervisory jurisdiction to direct the lower court to decide the pending Section 340 application within three months, without deciding the merits of the underlying case.
Summary
The petitioner, Suresh, filed a writ petition under Article 227 seeking a direction to the Civil Judge (Senior Division), Court No. 3, Mathura, to decide an application filed on 06.03.2024 under Section 340 of the Criminal Procedure Code, which was registered as Misc. Case No. 155 of 2024 in Suit No. 108 of 2011. The petition alleged that the pending application required expeditious disposal and that the writ petition was the only means to obtain such direction. The High Court, after noting that the petition raised no substantive issue on the merits of the underlying case, disposed of the writ petition at the admission stage but issued a direction to the concerned lower court to decide the miscellaneous case within three months of the order. The Court clarified that it was not adjudicating the merits of the underlying dispute. The order thus serves as a supervisory direction under Article 227 without entertaining any counter‑affidavit or notice to the respondents.
Issues considered
- What is the appropriate scope of the High Court's supervisory jurisdiction under Article 227 in directing a lower court to decide a pending application under Section 340 Cr.P.C.?
- Whether a writ petition can be entertained solely for the purpose of expediting the decision of a pending application without adjudicating its merits?
Legislation cited
- Code of Criminal Procedure, 1973 — s. 340
Subjects
- Article 227
- Section 340 Cr.P.C.
- writ petition
- supervisory jurisdiction
- expeditious disposal
- civil court direction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12206 of 2026
Suresh
.....Petitioner(s)
Versus
Sanjay Sharma And 9 Others
.....Respondent(s)
Counsel for Petitioner(s) : Namita Katara Gautam, Saurabh Singh
Counsel for Respondent(s) :
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. This is plaintiff's petition. This writ petition has been filed with the
following prayer:-
"i- to directing the Civil Judge (Senior Division), Court No. 3, Mathura to
decide the application dated 06.03.2024 under section 340 of Cr.P.C.
registered as Misc. Case No. 155 of 2024 filed in case no. 108 of 2011
(Omprakash and others Vs. Sanjay Sharma and others) pending before
the Civil Judge (Senior Division), Court No. 3, Mathura within stipulated
period,, as directed by this Hon'ble Court."
2. It is contended that an application under Section 340 Cr.P.C. has been
filed in Suit No.108 of 2011. The said application has been registered as
Misc. Case No.155 of 2024. The sole prayer made in the writ petition is to
expeditiously decide the said case.
3. As no useful purpose would be served in keeping the matter pending, the
writ petition is being disposed of, at the admission stage, without calling for
counter affidavit or issuing notice to private respondents, with a direction
upon Court concerned to decide Misc. Case No.155 of 2024 filed under
Section 340 Cr.P.C., in accordance with law, after hearing all affected
parties, preferably within a period of three months from the date of
production of certified copy of this order.
4. With the aforesaid direction, present writ petition stands disposed of.
A227 No. 12206 of 2026
2
5. It is made clear that this Court has not adjudicated the case on merit.
(Rohit Ranjan Agarwal,J.)
September 8, 2026
SK Goswami
Digitally signed by :-
SHIVAKANT GOSWAMI
High Court of Judicature at Allahabad
Checking your session…