Allahabad High Court
PAWAN KUMAR GAUTAMversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- PRASHANT MISHRA I
Holding
The High Court directed the trial court to decide the pending applications within one month and disposed of the Section 529 application as an innocuous order.
Summary
Pawan Kumar Gautam filed an application under Section 529 of the Criminal Procedure Code seeking the High Court’s direction to expedite two pending applications dated 04.01.2025 and 25.08.2025 in Sessions Trial No. 714 of 2024 (State v. Hamid Ali & Another), which involve offences under IPC sections 323, 504, 506 and the SC/ST (Prevention of Atrocities) Act. The applicant’s counsel argued that the trial proceedings were ongoing but required a prompt decision, while the State’s Additional Government Advocate raised no objection. The High Court, after hearing both sides, ordered the Special Judge to decide the pending applications within one month, prohibiting unnecessary adjournments, and disposed of the Section 529 application as an innocuous order without issuing notice to the other parties. The order emphasizes expeditious disposal in the interest of justice.
Issues considered
- Whether the High Court can issue a direction under Section 529 CrPC for the expeditious disposal of pending applications in a criminal trial.
- Whether any legal hurdle exists that would prevent the trial court from deciding the applications within the stipulated period.
- Whether notice to the other parties is required before disposing of the Section 529 application.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 529
- Indian Penal Code — s. 323, 504, 506
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(1)r, 3(1)s, 3(2)(va)
Subjects
- Section 529
- expeditious disposal
- criminal procedure
- SC/ST Act
- adjournments
- High Court order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 2230 of 2026
Pawan Kumar Gautam
.....Applicant(s)
Versus
State Of U.P. And 2 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Kuldeep Tripathi
Counsel for Opposite Party(s) : G.A.
Court No. - 84
HON'BLE PRASHANT MISHRA-I, J.
1. Heard Mr. Kuldeep Tripathi, 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 to decide the applications dated 04.01.2025 and
25.08.2025 filed in Sessions Trial No. 714 of 2024 (State Vs.
Hamid Ali and Another), arising out of Case Crime No. 343 of
2024, under Sections 323, 504, 506 I.P.C. and Sections 3(1)r,
3(1)s, 3(2)(va) SC/ST Act, Police Station Civil Lines, District
Moradabad, pending in the court of learned Special Judge, SC/ST
(P. A.) Act, Moradabad, within stipulated time.
3. Learned counsel for the applicant apprised the Court that the
proceedings of the aforesaid case are going on as per law, but he
filed application dated 04.01.2025 and 25.08.2025 before the
learned trial court which needs adjudication for proper disposal of
the sessions trial.
4. Learned A.G.A. has no objection to the contention of the
learned counsel for the applicant and 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 applications
dated 04.01.2025 and 25.08.2025 filed in aforesaid case
expeditiously preferably within a period of one month from the
date of production of certified copy of this order, after affording
opportunity of hearing to the parties concerned, if there is no
legal hurdle, without permitting unnecessary adjournments to
either of the parties.
NA529 No. 2230 of 2026
2
6. With the aforesaid direction, this application is disposed of
without issuing any notice to opposite party Nos. 2 and 3 as it is
an innocuous order. If opposite party Nos. 2 and 3 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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