Allahabad High Court
AMREEN BANO ALIAS GUDIYAversusSTATE OF U.P. AND 6 OTHERS
- Decided
- Bench
- VIKRAM D CHAUHAN
Holding
In the absence of exceptional circumstances, the High Court cannot issue a time‑bound disposal direction and therefore dismisses the petition.
Summary
Amreen Bano, the wife and informant, filed a petition under Article 227 seeking a court order to expedite criminal case No. 471 of 2024, which involves offences under Sections 498‑A, 323, 354(KA), 504, 506 of the IPC and Sections 3/4 of the Dowry Prohibition Act. The petitioner argued that a speedy trial is essential, while the State relied on a recent Supreme Court decision (High Court Bar Association v. State of U.P., 2023 INSC 150) that constitutional courts should not impose time‑bound schedules except in exceptional circumstances. The High Court examined whether such exceptional circumstances existed and found none. Consequently, the Court dismissed the petition, directing the petitioner to approach the trial court for any expeditious disposal application and instructing the prosecution and the accused to avoid unnecessary adjournments. The order also requires the trial court to disclose any legal impediment if it cannot proceed with the case.
Issues considered
- Whether the High Court can, under its supervisory jurisdiction under Article 227, direct a time‑bound disposal of a criminal trial pending before a lower court.
- Whether the petitioner has demonstrated exceptional circumstances warranting such a direction.
Legislation cited
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 354(KA), 498-A, 504, 506
Subjects
- Article 227
- supervisory jurisdiction
- speedy trial
- time‑bound disposal
- criminal procedure
- dowry prohibition
- exceptional circumstances
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 6279 of 2026
Amreen Bano Alias Gudiya
.....Petitioner(s)
Versus
State Of U.P. And 6 Others
.....Respondent(s)
Counsel for Petitioner(s) : Maya Ram
Counsel for Respondent(s) : G.A.
Court No. - 73
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:-
"I. Issue a, order or direction by directing this Hon'ble Court to expedite the Case No.
471 of 2024 (State Vs. Mohd. Arif alias Sonu and others), in pursuance of Case Crime
No. 14 of 2024, Under Section 498-A, 323, 354 (Ka), 504, 506 I.P.C. and 3/4 of
Dowry Prohibition Act, Police Station Mahila Thana, District Fatehpur, is pending in
the Court of Learned Civil Judge (Junior Division)/F.T.C. (C.A.W. Court), Fatehpur,
expeditiously within stipulated period as fixed by this Hon'ble Court to secure the ends
of justice;."
3. Learned counsel for petitioner submits that petitioner is wife/informant
and seeking expedite of the case.
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. 6279 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.)
May 6, 2026
D. Tamang
Digitally signed by :-
DHIRENDRA TAMANG
High Court of Judicature at Allahabad
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