Allahabad High Court
ANKITA YADAVversusSTATE OF U.P. AND 6 OTHERS
- Decided
- Bench
- PRASHANT MISHRA I
Holding
The trial court must decide the pending criminal case within one year of the order, subject to the absence of any legal impediment and without unnecessary adjournments.
Summary
The applicant, Ankita Yadav, filed an application under Section 529 of the Code of Civil Procedure seeking an expeditious disposal of a pending criminal complaint (Case No. 1042 of 2023) involving allegations under Sections 498A and 323 of the Indian Penal Code and Sections 3 and 4 of the Domestic Violence Protection Act. The trial court had not yet concluded the case, and the applicant argued that the matter required swift resolution. The State, represented by the Additional Government Advocate, raised no objection to an expedited hearing. Justice Prashant Mishra directed the trial court to decide the case within one year of the certified copy of the order, barring unnecessary adjournments, provided there is no legal impediment. The application was disposed of without issuing notice to the other parties, noting it as an innocuous order, and the parties were informed of their right to approach the High Court if aggrieved.
Issues considered
- Whether the High Court can order an expeditious disposal of a pending criminal case under Section 529 CPC.
- Whether any legal impediment exists that would prevent the trial court from deciding the case within the stipulated period.
Legislation cited
- Code of Civil Procedure, 1908 — s. 529
- Domestic Violence Protection Act — s. 3, 4
- Indian Penal Code — s. 323, 498A
Subjects
- expeditious disposal
- Section 529 CPC
- criminal procedure
- adjournments
- pending criminal case
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 2225 of 2026
Ankita Yadav
.....Applicant(s)
Versus
State Of U.P. And 6 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Anil Kumar, Viveka Nand
Maurya
Counsel for Opposite Party(s) : G.A.
Court No. - 84
HON'BLE PRASHANT MISHRA-I, J.
1. Heard Mr. Viveka Nand Maurya, 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 Complaint Case No.
1042 of 2023 (Ankit Yadav Vs. Chandra Bali Yadav and 5
Others), under Sections 498A, 323 I.P.C. and Section 3/4 D. P.
Act, Police Station Chilh, District Mirzapur, pending in the court
of Civil Judge (J.D.)/FTC (CAW), Mirzapur, within stipulated
time.
3. Learned counsel for the applicant submitted that the case is of
the year 2023 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
NA529 No. 2225 of 2026
2
legal impediment, without permitting unnecessary adjournments
to either of the parties.
6. With the aforesaid direction, this application is disposed of
without issuing any notice to opposite party Nos. 2 to 7 as it is an
innocuous order. If opposite party Nos. 2 to 7 feel aggrieved, they
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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