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Allahabad High Court

KANCHAN BHARTIversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The High Court ordered the lower court to dispose of the pending criminal case within one year and disposed of the application as an innocuous order.

Summary

The applicant Kanchan Bharti filed an application under Section 529 of the Criminal Procedure Code seeking an expeditious disposal of a pending criminal complaint (Case No. 2432 of 2023) involving offences under Sections 419, 420, 323, 504, 506 and 406 of the Indian Penal Code. The matter was before the Additional Chief Judicial Magistrate, Prayagraj, and had been pending for a long period without reaching a conclusion. The learned Additional Government Advocate (A.G.A.) raised no objection to expediting the case. The High Court, noting the undue delay, directed the lower court to decide the matter within one year, barring unnecessary adjournments, and disposed of the application as an innocuous order without issuing notice to the second opposite party. The order allows the aggrieved second opposite party to approach the High Court if dissatisfied.

Issues considered

  • Whether the High Court can order expeditious disposal of a pending criminal case under Section 529 CrPC.
  • Whether the application seeking such direction should be entertained without notice to the second opposite party.

Legislation cited

Subjects

  • expeditious disposal
  • Section 529 CrPC
  • pendency of criminal case
  • High Court order
  • criminal trial management

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                     APPLICATION U/S 529 BNSS No. - 2239 of 2026

                                    Kanchan Bharti
                                                                                                            .....Applicant(s)
                                                                               Versus
                                    State of U.P. and Another
                                                                                                       .....Opposite Party(s)

                                    Counsel for Applicant(s)               :     Gyanedra Pratap Singh, Manish Prajapati
                                    Counsel for Opposite Party(s)          :     G.A.

                                    Court No. - 84
                                                           HON'BLE PRASHANT MISHRA-I, J.

                                    Heard Sri Manish Prajapati, 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 Complaint Case No. 2432 of 2023, (Kanchan Bharti Vs. Vijay
                                    Kumar Nishad) under Sections 419, 420, 323, 504, 506 & Section 406 of I.P.C., P.S.
                                    Jhunsi, District Prayagraj, pending in the Court of Additional Chief Judicial
                                    Magistrate, Court No. 5, Prayagraj, 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 since long
                                    and the case has not culminated to its logical conclusion.

                                    Keeping in view the period of pendency of the case, it is directed that court below
                                    shall make all endeavour to decide this case expeditiously preferably within a period
                                    of one year from today, 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. Nos. 2 feels aggrieved, he 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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