Allahabad High Court
SURBHIT GUPTAversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- PRASHANT MISHRA I
Holding
The High Court directed the trial court to decide the pending case within one year, deeming the order innocuous and disposing of the application.
Summary
The applicant, Surbhit Gupta, filed an application under Section 529 of the Code of Civil Procedure seeking an expeditious disposal of a pending criminal trial (Case No. 24400 of 2025) concerning a Section 138 Negotiable Instruments Act offence. The trial court had not yet concluded the matter. The State, represented by the Advocate General, raised no objection to the request for acceleration. The High Court, after hearing counsel, directed the trial court to endeavour to decide the case within one year of the order, barring unnecessary adjournments, and disposed of the application as an innocuous order without issuing notice to the second opposite party. The order is appealable only if the second opposite party feels aggrieved.
Issues considered
- Whether the High Court can, under Section 529 CPC, direct a trial court to expedite the disposal of a pending criminal case.
Legislation cited
- Code of Civil Procedure — s. 529
Subjects
- expeditious disposal
- Section 529 CPC
- Negotiable Instruments Act
- Section 138
- court directions
- adjournments
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 2224 of 2026
Surbhit Gupta
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Ankit Shukla
Counsel for Opposite Party(s) : G.A.
Court No. - 84
HON'BLE PRASHANT MISHRA-I, J.
1. Heard Mr. Ankit Shukla, 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 Case No. 24400 of 2025
(Surbhit Gupta Vs. Krishna Kumar Sahu), under Section 138
Negotiable Instruments Act, pending in the court of Additional
Civil Judge (Junior Division), New Court Vth, Jaunpur, within
stipulated time, preferably within two months.
3. Learned counsel for the applicant submitted that the present
case is pending and has not culminated to its logical conclusion.
4. Learned A.G.A. 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 this case
expeditiously, if possible within a period of one year from the
date of production of certified copy of this order, if there is no
legal impediment, without permitting unnecessary adjournments
to either of the parties.
NA529 No. 2224 of 2026
2
6. With the aforesaid direction, this application is disposed of
without issuing any notice to opposite party No. 2 as it is an
innocuous order. If opposite party No. 2 feels aggrieved, he may
approach this Court.
(Prashant Mishra-I,J.)
May 5, 2026
Kashifa
Digitally signed by :-
KASHIFA
High Court of Judicature at Allahabad
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