Allahabad High Court
RAMNAYANversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- PRASHANT MISHRA I
Holding
The Court directed the trial court to decide the pending appeal within three months and disposed of the application without notice to the opposite party.
Summary
The applicant filed an application under Section 529 of the Criminal Procedure Code seeking an expeditious disposal of Criminal Miscellaneous Appeal No. 41 of 2025, which had remained pending since 2024. The appeal involved offences under Sections 34, 302, 307, 504, 506, 201 and 120B of the IPC arising from a case registered in 2023. The State, represented by the Additional Government Advocate, raised no objection to an expedited hearing. The High Court directed the trial court to decide the appeal within three months of receiving the certified copy of the order, barring any legal impediment and without unnecessary adjournments. The application was disposed of without issuing notice to the second opposite party, noting the order as innocuous, and the aggrieved party could approach the Court.
Issues considered
- Whether the trial court should be directed to decide the pending criminal appeal expeditiously under Section 529 CrPC?
- Whether notice to the second opposite party is required for an order directing expeditious disposal?
Legislation cited
- Code of Criminal Procedure, 1973 — s. 529
Subjects
- expeditious disposal
- criminal appeal
- Section 529 CrPC
- adjournment
- procedural order
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 2229 of 2026
Ramnayan
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Vijay Pratap Yadav
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. Appeal
No. 41 of 2025 (Ramnayan Vs. State of U.P. and another), in
Case Crime No. 101 of 2023, under Sections 34, 302, 307, 504,
506, 201, 120B I.P.C., Police Station Dohrighat, District Mau,
pending in the court of Special Judge, POCSO Court No. 1,
District Mau, within stipulated time.
3. Learned counsel for the applicant submitted that the aforesaid
appeal is of the year 2024 and the same has not been decided yet.
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 the case
expeditiously, preferably within a period of three months 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. 2229 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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