Allahabad High Court
MALIK ATAULLAHversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- PRASHANT MISHRA I
Holding
The High Court directed the trial court to decide the pending criminal appeal within four months, without requiring notice to the second opposite party.
Summary
The applicant, Malik Ataullah, filed an application under Section 529 of the BNSS seeking an order for the speedy disposal of Criminal Appeal No. 116 of 2025, which was pending before the Additional Sessions Judge‑I, Kanpur Nagar. The applicant highlighted that the appeal had been pending for a long time without reaching a conclusion, and the State’s Additional Government Advocate had no objection to expediting the matter. The High Court, after hearing counsel, directed the trial court to decide the appeal within four months, provided there were no legal impediments, and barred any undue adjournments. The Court disposed of the application as an innocuous order without issuing notice to the second opposite party, leaving open the remedy of approach if aggrieved. Consequently, the pending criminal appeal was ordered to be heard and decided expeditiously.
Issues considered
- Whether the High Court can issue an order directing the trial court to dispose of a pending criminal appeal within a specified time frame.
- Whether notice to the second opposite party is required for such an expeditious disposal order.
Legislation cited
- Bihar Negotiable Instruments Act — s. 415, 529
Subjects
- expeditious disposal
- criminal appeal
- adjournment
- Section 529 BNSS
- High Court order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 2233 of 2026
Malik Ataullah
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Ashutosh Kumar, Punit Kumar
Srivastava
Counsel for Opposite Party(s) : G.A.
Court No. - 84
HON'BLE PRASHANT MISHRA-I, J.
Heard learned counsel for the applicant and learned A.G.A. for the State
and perused the record.
At the very outset, learned counsel for the applicant drew attention of the
Court towards the fact that appeal against conviction in Negotiable
Instruments Act is pending before the Additional Sessions Judge-Ist not
before the District and Sessions Judge, Kanpur Nagar as is written in the
memo of petition. He has further prayed for and is allowed to make
necessary correction regarding the same, during the course of day.
The instant application has been preferred by the applicant with a prayer
for expeditious disposal of Criminal Appeal No. 116 of 2025 (Saiyyad
Mohd. Ashif Vs. State of U.P. & Another) filed under Section 415 of
B.N.S.S. pending in the Court of learned Additional Sessions Judge-Ist,
Kanpur Nagar, within stipulated time.
Learned counsel for the applicant submitted that present case is pending
since long and the case has not culminated to its logical conclusion.
Learned A.G.A. has no objection if the matter be expedited in the interest
of justice.
Keeping in view the period of pendency of the case, it is directed that the
learned trial court shall make all endeavour to decide this case
expeditiously preferably within a period of four months from today, if
NA529 No. 2233 of 2026
2
there is no legal hurdle, without permitting undue adjournments to either
sides.
With this direction, this application is disposed of without issuing any
notice to O.P. No. 2 as it is an innocuous order. If the O.P. No. 2 feels
aggrieved, he may approach this Court.
(Prashant Mishra-I,J.)
May 5, 2026
A. Mandhani
Digitally signed by :-
ABHISHEK MANDHANI
High Court of Judicature at Allahabad
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