Allahabad High Court
SMT KRISHNA JAISWALversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- PRASHANT MISHRA I
Holding
The High Court directed the trial court to decide the case expeditiously within one year and disposed of the application.
Summary
The applicant, Smt. Krishna Jaiswal, filed an application under Section 529 of the BNS seeking an order directing the trial court to expedite a criminal case (State of U.P. v. Satya Narayan) pending before the Chief Judicial Magistrate, Deoria, which involves offences under Sections 420 and 406 of the IPC and Sections 318(4) and 316 of the BNS. The applicant argued that the case had been pending for an inordinate period without reaching a logical conclusion. The learned Additional Government Advocate (A.G.A.) raised no objection to expediting the trial in the interest of justice. The court, noting the long pendency, directed the trial court to endeavour to decide the case within one year of the production of the certified copy of the order, barring undue adjournments, and disposed of the application without issuing notice to the second opposite party, deeming the order innocuous. The order also permitted any aggrieved party to approach the High Court. The application was therefore disposed with the expeditious trial direction.
Issues considered
- Whether the High Court should direct the trial court to conclude the pending criminal trial expeditiously?
Legislation cited
- BNS — s. 316, 318(4), 529
- Indian Penal Code — s. 406, 420
Subjects
- expedited trial
- criminal procedure
- section 529
- pendency
- court order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 2134 of 2026
Smt Krishna Jaiswal
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Upadhyay Karan Dinanath, Vishesh
Rajvanshi
Counsel for Opposite Party(s) : G.A.
Court No. - 84
HON'BLE PRASHANT MISHRA-I, J.
Heard Ms. Pooja, learned Advocate holding brief of Mr. Vishesh
Rajvanshi, 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
to direct the trial Court to conclude the trial expeditiously pending in the
Court of Chief Judicial Magistrate, Deoria bearing Case No.1827 of 2018
(State of U.P. versus Satya Narayan) arising out of Case Crime No.59 of
2017 under Sections 420 and 406 of IPC [under Sections 318(4) and 316
of BNS] registered at Police Station- Kotwali, District- Deoria.
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 the date of
production of certified copy of this order, if there is no legal hurdle,
without permitting undue adjournments to either sides.
With this direction, 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
NA529 No. 2134 of 2026
2
aggrieved, he may approach this Court.
(Prashant Mishra-I,J.)
May 6, 2026
Saurabh
Digitally signed by :-
SAURABH
High Court of Judicature at Allahabad
Checking your session…