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Allahabad High Court

SHIV TIWARI @ ASHUTOSH TRIPATHIversusSTATE OF UP

Decided

Holding

The High Court directed the Additional District & Sessions Judge/Special Judge to decide the recall application within three months of receipt of the certified order.

Summary

The petitioner, Shiv Tiwari @ Ashutosh Tripathi, filed a petition under Article 227 seeking the High Court's intervention to ensure a timely decision on a recall application filed on 06.03.2026 in Session Trial No. 1263 of 2020 (State vs. Shyam Bajpai and others). The petitioner argued that the proceedings were unduly delayed and requested the court to direct the Additional District & Sessions Judge/Special Judge (Dacoity Affected Area), Court No. 3, Kanpur Dehat, to consider the recall application expeditiously, taking into account the order-sheet/record of the petitioner's presence on 28.01.2026. The High Court, after hearing counsel, noted the need for a time‑bound disposal and exercised its supervisory jurisdiction under Article 227. It directed the trial court to decide the recall application within three months of receiving a certified copy of the order. The petition was therefore disposed with the said direction.

Issues considered

  • Whether the High Court can, under Article 227, direct a lower trial court to decide a pending recall application within a specified time frame
  • Whether the trial court must consider the order‑sheet/record of the petitioner's presence while deciding the recall application

Subjects

  • Article 227
  • judicial supervision
  • recall application
  • time‑bound disposal
  • criminal trial
  • High Court direction

Judgment

          HIGH COURT OF JUDICATURE AT ALLAHABAD
             MATTERS UNDER ARTICLE 227 No. - 13074 of 2026

Shiv Tiwari @ Ashutosh Tripathi
                                                                   .....Petitioner(s)
                                       Versus

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

Counsel for Petitioner(s)           : Amrish Kumar Mishra, Prakhar Shukla
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 is filed with the following prayer:-

"(i) Issue an appropriate order or direction and directing the learned Additional
District & Sessions Judge/Special Judge (Dacoity Affected Area), Court No. 3,
Kanpur Dehat, in Session Trial No. 1263 of 2020, State Vs. Shyam Bajpai and others,
arising out of Case Crime No. 192 of 2020, Police Station Chaubepur, District
Kanpur Dehat, to consider and decide the Recall Application dated 06.03.2026 filed
by the petitioner against the order dated 28.01.2026, expeditiously and preferably
within a period fixed by this Hon'ble Court, in accordance with law and after
affording due opportunity of hearing to the concerned parties;

(ii) Issue an appropriate order or direction and directing that while considering the
aforesaid Recall Application, the learned Trial Court shall consider the relevant
order-sheet/record relating to the presence of the petitioner on 28.01.2026 and pass a
reasoned and speaking order in accordance with law;"


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 accused.

4. Considering the facts and circumstances of the case and the submission of
learned counsel for the petitioner, the petition is disposed of with a direction
to the Additional District & Sessions Judge/Special Judge (Dacoity Affected
Area), Court No. 3, Kanpur Dehat, to decide the Recall Application dated
                                                                                                A227 No. 13074 of 2026
                                                                     2


                                    06.03.2026 in Session Trial No. 1263 of 2020, (State Vs. Shyam Bajpai and
                                    others), arising out of Case Crime No. 192 of 2020, Police Station
                                    Chaubepur, District Kanpur Dehat, within a period of three months from
                                    the date of production of a certified copy of this order.



                                                                                         (Vikram D. Chauhan,J.)
                                    September 21, 2026
                                    D. Tamang




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

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