Allahabad High Court
SRIMATI PREM KALAversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- PRASHANT MISHRA I
Holding
The High Court directed the trial court to decide the pending case within six months and disposed of the application.
Summary
The applicant, Srimati Prem Kala, filed an application under Section 529 of the Criminal Procedure Code seeking expeditious disposal of Criminal Miscellaneous Case No. 335/11/2021 pending before the Principal Judge of the Family Court, Sant Kabir Nagar. The applicant argued that the matter had been pending since 2021 without reaching a conclusion. The State, represented by the Additional Government Advocate, raised no objection to expediting the case. The High Court, after hearing counsel, directed the trial court to decide the matter within six months of receiving the certified copy of the order, barring any legal impediment and prohibiting unnecessary adjournments. The application was subsequently disposed of.
Issues considered
- What authority does the High Court have to direct a trial court to dispose of a pending criminal miscellaneous case expeditiously under Section 529 Cr.P.C.?
Legislation cited
- Code of Criminal Procedure, 1973 — s. 127, 529
Subjects
- expeditious disposal
- criminal miscellaneous case
- Section 529 Cr.P.C.
- Section 127 Cr.P.C.
- adjournments
- High Court direction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 2139 of 2026
Srimati Prem Kala
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Chandra Kant Tripathi,
Raman Pandey
Counsel for Opposite Party(s) : G.A.
Court No. - 84
HON'BLE PRASHANT MISHRA-I, J.
1. Heard learned counsel for the applicant and learned A.G.A.
representing the State and perused the record.
2. The instant application has been preferred by the applicant
with a prayer for expeditious disposal of Criminal Misc. Case No.
335/11/2021 (Srimati Prem Kala Vs. Subhas Chandra), under
Section 127 Cr.P.C., pending in the court of learned Principal
Judge/Family Court, Sant Kabir Nagar, within stipulated time.
3. Learned counsel for the applicant submitted that the matter is
pending since 2021 before the concerned trial court and the same
has not culminated to its logical conclusion.
4. Learned A.G.A. states that no useful purpose would be served
in issuing notice to opposite party No. 2 and keeping this
application pending before this Court and he has no objection if
the matter be expedited in the interest of justice.
5. In view of the above, it is directed that the learned trial court
concerned shall make all endeavour to decide the case
expeditiously preferably within a period of six months from the
date of production of certified copy of this order, if there is no
NA529 No. 2139 of 2026
2
legal impediment, without permitting unnecessary adjournments
to either of the parties.
6. With the aforesaid direction, this application is disposed of.
(Prashant Mishra-I,J.)
May 6, 2026
Kashifa
Digitally signed by :-
KASHIFA
High Court of Judicature at Allahabad
Checking your session…