Allahabad High Court

KARUNAPATI SHUKLAversusALOK BANERJEE

Decided: 13 September 2026
Bench: VIKRAM D CHAUHAN

Holding

Constitutional courts may issue time‑bound disposal directions only in exceptional circumstances, which were not shown, so the petition is dismissed.

Summary

The petitioner, Karunapati Shukla, filed a petition under Article 227 seeking a direction to the ACJM Court in Prayagraj to expedite the pending criminal complaint (Case No. 1850 of 2025) against Alok Banerjee. He argued that a speedy trial is essential and requested the High Court to impose a time‑bound schedule for disposal. The State’s Additional Government Advocate relied on a Supreme Court judgment (High Court Bar Association v State of U.P., 2023 INSC 150) which limits constitutional courts from fixing such schedules except in exceptional circumstances. The Court examined whether any exceptional circumstances existed and found none. Accordingly, the Court held that the High Court cannot direct a lower court to set a time‑bound disposal absent exceptional circumstances, dismissed the petition, and advised the petitioner to approach the trial court directly, with directions for cooperation of prosecution and restriction on adjournments.

Issues considered

Whether a High Court under Article 227 can issue a direction to a lower court to dispose of a case within a specified time‑bound schedule.
Whether the petitioner has demonstrated exceptional circumstances justifying such intervention.

Subjects

Article 227
time‑bound disposal
speedy trial
exceptional circumstances
judicial intervention
High Court jurisdiction

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12690 of 2026

Karunapati Shukla
.....Petitioner(s)
Versus

Alok Banerjee
.....Respondent(s)

Counsel for Petitioner(s) : Abhay Nath Srivastava, Akash Pandey
Counsel for Respondent(s) :

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

1. Heard learned counsel for the petitioner and learned AGA for the State.

2. The present petition has been filed by the petitioner with the following
relief:-

"i. Issue a suitable order or direction commanding the learned court of
A.C.J.M., Room No.15, District Prayagraj, to expeditiously decide the
Complaint Case No. 1850 of 2025 (Karunapati Shukla Vs Alok Banerjee)
pending before it, within a period of time specified by the Hon'ble Court
or expeditiously."

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
the complainant before the court concerned.

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 by the petitioner 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,
A227 No. 12690 of 2026
2

Allahabad Vs State of U.P and others (supra) has held as under :-

"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, the 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
VMA

Digitally signed by :-
VISHWA MOHAN ARORA
High Court of Judicature at Allahabad

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