Allahabad High Court
MALIK ATAULLAHversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- PRASHANT MISHRA I
Holding
The High Court ordered the lower court to dispose of the pending criminal appeal within four months, deeming the order innocuous and dispensing with 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. 31 of 2026 pending before the District and Sessions Judge, Kanpur Nagar. The State's Additional Government Advocate did not oppose the request. The High Court, after hearing counsel, directed the lower court to decide the appeal within four months of receiving the certified copy of the order, provided there are no legal impediments, and to avoid undue adjournments. The Court held the order to be innocuous and disposed of the application without issuing notice to the second opposite party, allowing that party to approach the Court if aggrieved. Consequently, the application was disposed with the directive for expeditious disposal of the appeal.
Issues considered
- Whether the High Court can order expeditious disposal of a pending criminal appeal under Section 529 of the BNSS.
- Whether notice to the second opposite party is required for such an order.
Legislation cited
- BNSS — s. 529
Subjects
- expeditious disposal
- criminal appeal
- procedural order
- Section 529
- BNSS
- adjournments
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 2234 of 2026
Malik Ataullah
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Ashutosh Kumar
Counsel for Opposite Party(s) : G.A.
Court No. - 84
HON'BLE PRASHANT MISHRA-I, J.
Heard Sri Ashutosh Kumar, learned counsel for the applicant and learned
A.G.A. for the State and perused the record.
The instant application has been preferred by the applicant with a prayer
for expeditious disposal of Criminal Appeal No. 31 of 2026 (Saiyyad
Mohd. Ashif Vs. State of U.P. and another) under Section 415 B.N.S.S.,
pending in the Court of learned District and Sessions Judge, Kanpur
Nagar, Kanpur Nagar within stipulated time.
Learned A.G.A. has no objection if the matter be expedited in the interest
of justice.
Learned counsel for the applicant submitted that present case is pending
and has not culminated to its logical conclusion.
In view of the above, it is directed that court below shall make all
endeavour to decide this case expeditiously preferably within a period of
four months from the date of production of certified copy of this order, if
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/she may approach this Court.
May 5, 2026
A. Mandhani
(Prashant Mishra-I,J.)
Digitally signed by :-
ABHISHEK MANDHANI
High Court of Judicature at Allahabad
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