Allahabad High Court
RAJPATI YADAVversusSTATE OF U.P. AND 5 OTHERS
- Decided
- Bench
- SHEKHAR KUMAR YADAV
Holding
The High Court directed the Additional Chief Judicial Magistrate to decide the pending criminal case expeditiously without granting unnecessary adjournments, finding no legal impediment to such a direction.
Summary
The applicant, Rajpati Yadav, filed an application under Section 529 of the B.N.S.S. seeking a directive to the Additional Chief Judicial Magistrate, Court No.8, Allahabad, to expedite the trial of State vs. Suraj Singh (Case No. 624 of 2021) involving offences under Sections 147, 323, 452, 504 and 506 of the Indian Penal Code. The High Court, after hearing counsel, did not opine on the merits of the underlying criminal case but considered the procedural propriety of issuing a direction for speedy disposal. It observed that there was no legal impediment to such a direction and that unnecessary adjournments should be avoided. Consequently, the Court disposed of the application, directing the lower court to decide the case expeditiously in accordance with law. The order was signed by Justice Shekhar Kumar Yadav on 30 March 2026.
Issues considered
- Whether the High Court can, under Section 529 of the B.N.S.S., direct a lower court to decide a pending criminal case expeditiously.
- Whether any legal impediment exists to prohibiting unnecessary adjournments in the trial.
Legislation cited
- B.N.S.S. — s. 529
- Indian Penal Code — s. 147, 323, 452, 504, 506
Subjects
- criminal procedure
- expeditious trial
- adjournments
- Section 529
- High Court direction
- Indian Penal Code
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 1408 of 2026
Rajpati Yadav
.....Applicant(s)
Versus
State Of U.P. And 5 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Pradeep Kumar Pandey
Counsel for Opposite Party(s) : G.A.
Court No. - 50
HON'BLE SHEKHAR KUMAR YADAV, J.
1. Heard learned counsel for the applicant and learned Additional
Government Advocate for the State.
2. By means of this application, the only prayer made by the applicant is
that a direction be issued to the court of Additional Chief Judicial
Magistrate, Court No.8, Allahabad to decide the Case No.624 of 2021
(State Vs. Suraj Singh and others) arising out of Case Crime No. 143 of
2020, under Sections 147, 323, 452, 504, 506 I.P.C. Police Station-
Handia, District- Prayagraj, pending before him, expeditiously within a
short stipulated period.
3. Considering the facts of the case but without expressing any opinion on
the merits of the applicant's case, this application U/s 529 B.N.S.S. is
finally disposed of with a direction to the court concerned to decide the
aforesaid case in accordance with law without granting unnecessary
adjournments to either of the parties as expeditiously as possible, if there
is no legal impediment.
(Shekhar Kumar Yadav,J.)
March 30, 2026
Krishna*
Digitally signed by :-
KRISHNA KUMAR
High Court of Judicature at Allahabad
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