Allahabad High Court
SANDEEP KHANNAversusSTATE OF U.P. AND ANOTHER
- Decided
Holding
The High Court may direct the trial court to dispose of the pending criminal case expeditiously and refrain from granting unnecessary adjournments.
Summary
The applicant filed an application under Section 482 of the Criminal Procedure Code seeking a direction to the Additional Civil Judge (Judicial Magistrate) in Moradabad to conclude Criminal Case No. 254 of 2013 (State vs. Sandeep Khanna) expeditiously. The applicant argued that the trial was pending and required prompt disposal. The State counsel raised no objection to the direction for an expedited trial. The High Court considered whether it could exercise its inherent powers under Section 482 to order a speedy disposal of the pending case. The Court held that it could direct the trial court to dispose of the matter without unnecessary adjournments. Accordingly, the application was disposed of with a directive to the trial court to conclude the proceedings as early as possible.
Issues considered
- Can the High Court, exercising its inherent powers under Section 482 Cr.P.C., direct a trial court to dispose of a pending criminal case expeditiously?
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 504, 506
Subjects
- Section 482
- expeditious disposal
- criminal trial
- adjournments
- direction to trial court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 34427 of 2023
Sandeep Khanna
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Harish Chandra
Counsel for Opposite Party(s) : G.A.
Court No. - 77
HON'BLE PRAVEEN KUMAR GIRI, J.
1. Heard Sri Harish Chandra, learned counsel for the applicant and Sri
Pankaj Kumar, learned State Law Officer for the State.
2. Learned counsel for the applicant submits that he has filed the instant
application under Section 482 Cr.P.C. with the relief which has been
mentioned in the prayer clause of the application. The relief which has
been mentioned in the application is delineated below:-
"It is, therefore, Most Respectfully prayed that this Hon'ble Court may
kindly be pleased to allow this application and direct the learned
Additional Civil Judge (JD) NC-3/ Judicial Magistrate, Moradabad to
conclude the proceeding of Criminal Case No. 254 of 2013 (State Vs.
Sandeep Khanna), Case Crime No. 306 of 2007, Under Section 504, 506
I.P.C., Police Station-Galshahid, District-Moradabad expeditiously
within stipulated period and/or to pass any other suitable order or
direction which this Hon'ble Court may deem fit and proper in the facts
and circumstances of the case."
3. Learned counsel for the applicant submits that he has moved this
application for a direction to trial court for deciding the abovementioned
case expeditiously.
4. Learned State Counsel submits that he has no objection in case order of
expeditious disposal of the trial court is passed.
A482 No. 34427 of 2023
2
5. In view of the aforesaid, the instant application is disposed of with a
direction to the concerned trial court as early as possible without granting
unnecessary adjournments.
(Praveen Kumar Giri,J.)
March 19, 2026
Manish Himwan
Digitally signed by :-
MANISH HIMWAN
High Court of Judicature at Allahabad
Checking your session…