Allahabad High Court
ABHISHEK SHARMAversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- PRASHANT MISHRA I
Holding
The Court directed the trial court to decide the pending criminal case expeditiously, preferably within one year, and disposed of the application without notice to the second opposite party.
Summary
The applicant, Abhishek Sharma, filed an application under Section 529 of the Criminal Procedure Code seeking expeditious disposal of a pending criminal case (Case No. 87503 of 2023) involving offences under Sections 498‑A, 504, 323, 406 IPC and Sections 3 and 4 of the Domestic Violence Protection Act. The applicant argued that the case had been pending for a long time without reaching a conclusion. The State’s Additional Government Advocate did not oppose the request and agreed that expediting the matter would serve the interests of justice. The Court directed the trial court to endeavour to decide the case within one year, barring any legal hurdles and without allowing undue adjournments. The application was disposed of without issuing notice to the second opposite party, with a provision that she could approach the Court if aggrieved.
Issues considered
- Whether the trial court should be directed to dispose of the pending criminal case within a stipulated period of one year under Section 529 CrPC.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 529
- D.P. Act — s. 3, 4
- Indian Penal Code — s. 323, 406, 498-A, 504
Subjects
- expedited trial
- section 529
- case management
- pendency
- criminal procedure
- domestic violence
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 1872 of 2026
Abhishek Sharma
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Arjun Singh Yadav, Gaurav
Sharma
Counsel for Opposite Party(s) : G.A.
Court No. - 84
HON'BLE PRASHANT MISHRA-I, J.
List revised.
Heard Sri Arjun Singh Yadav, learned counsel for the applicant
and learned A.G.A. for the State and perused the record.
The instant application has been preferred by the applicant with
a prayer for expeditious disposal of Case No. 87503 of 2023
(State Vs. Abhishek Sharma) arising out of Case Crime No.
280 of 2022, under Sections 498-A, 504, 323, 406 I.P.C. and
Section 3/4 of D.P. Act, Police Station-Mahila Thana, District-
Ghaziabad, within stipulated time.
Learned counsel for the applicant submitted that present case is
pending since long and the case has not culminated to its
logical conclusion.
Learned A.G.A. has no objection if the matter be expedited in
the interest of justice.
Keeping in view the period of pendency of the case, it is
directed that the learned trial court shall make all endeavour to
decide this case expeditiously, preferably within a period of
one year from today, if there is no legal hurdle, without
permitting undue adjournments to either sides.
NA529 No. 1872 of 2026
2
With the above directions, this application is disposed of
without issuing any notice to O.P. No. 2 as it is an innocuous
order. If the O.P. No. 2 feels aggrieved, she may approach this
Court.
May 5, 2026
A. Mandhani
(Prashant Mishra-I,J.)
Digitally signed by :-
ABHISHEK MANDHANI
High Court of Judicature at Allahabad
Checking your session…