Allahabad High Court

SALAMUDDINversusSTATE OF U.P. AND ANOTHER

Decided: 22 September 2026
Bench: VIKRAM D CHAUHAN

Holding

In the absence of exceptional circumstances, the High Court cannot issue a direction for time‑bound disposal of the pending criminal case.

Summary

Salamuddin, the accused in Criminal Case No. 4593 of 2026 under Sections 3 and 25 of the Arms Act, filed a petition under Article 227 seeking a court order directing the Chief Judicial Magistrate of Kasganj to dispose of the case within a stipulated time. The petitioner argued that the trial had been pending since 2017 and required a time‑bound disposal. The State, through the AGA, relied on a recent Supreme Court decision (High Court Bar Association v. State of U.P., 2023 INSC 150) which limits constitutional courts from imposing time‑bound schedules except in exceptional circumstances. The High Court observed that the petitioner had not demonstrated any such exceptional circumstances and therefore could not intervene. The Court disposed of the petition, directing the petitioner to approach the trial court for expeditious disposal and instructing both prosecution and the court to avoid unnecessary adjournments.

Issues considered

Can a High Court, exercising its supervisory jurisdiction under Article 227, direct a lower criminal court to dispose of a case within a fixed time‑frame?
Do the facts of the present petition constitute ‘exceptional circumstances’ warranting such a direction?
Is the Supreme Court’s precedent in High Court Bar Association v. State of U.P. applicable to bar the High Court from issuing a time‑bound schedule?

Legislation cited

Arms Act, 1959 — s. 25, 3

Subjects

Article 227
speedy trial
time‑bound disposal
exceptional circumstances
Arms Act
criminal procedure
judicial supervision

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12856 of 2026

Salamuddin
.....Petitioner(s)
Versus

State of U.P. and Another
.....Respondent(s)

Counsel for Petitioner(s) : Brij Raj Singh, Piyush Chauhan
Counsel for Respondent(s) : G.A.

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 an order directing the Chief Judicial Magistrate Kasganj to
decide the Criminal Case No. 4593 of 2026 (State Vs. Salamuddin)
arising out of Case Crime No. 543 of 2017 Under Section 3/25 Arms Act
P.S Patiyali District Kasganj pending against the petitioner since 2017
within stipulated time as may be directed by this Hon'ble Court."

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 accused 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,
Allahabad Vs State of U.P and others (supra) has held as under :-
A227 No. 12856 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, 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 23, 2026
VMA

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

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