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Allahabad High Court

SUMAN MISHRAversusSTATE OF U.P. AND 5 OTHERS

Decided

Holding

The High Court directed the trial court to decide the pending criminal case expeditiously within one year, disposing of the application.

Summary

The applicant Suman Mishra filed an application under Section 529 of the Criminal Procedure Code seeking a direction to the trial court to decide a criminal case (State Vs. Dilip Kumar Mishra) pending since 2011, involving offences under Sections 498‑A, 406, 323, 504 and 506 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act. The trial court had not concluded the case, leading to a claim of undue delay. The State’s Additional Government Advocate did not oppose expediting the matter. The High Court, noting the long pendency and the interest of justice, directed the Civil Judge (Senior Division) to dispose of the case within one year, subject to no legal impediment, and barred further undue adjournments. The application was disposed of as an innocuous order without issuing notice to other respondents, who may approach the court if aggrieved.

Issues considered

  • Whether the trial court should be directed to decide the pending criminal case within a stipulated period of one year.
  • Whether any legal hurdle exists that would prevent expeditious disposal of the case.

Legislation cited

Subjects

  • expeditious trial
  • Section 529 CrPC
  • pendency of criminal case
  • Dowry Prohibition Act
  • criminal procedure

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                     APPLICATION U/S 529 BNSS No. - 2241 of 2026

                                    Suman Mishra
                                                                                                            .....Applicant(s)
                                                                            Versus
                                    State Of U.P. And 5 Others
                                                                                                       .....Opposite Party(s)

                                    Counsel for Applicant(s)                  :   Ranjeet Verma, Vindeshwari Prasad
                                    Counsel for Opposite Party(s)             :   G.A.

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

                                    Heard Sri Vindeshwari Prasad, learned counsel for the applicant and learned A.G.A.
                                    for the State and perused the record.

                                    Learned counsel for the applicant submitted that learned trial court be directed to
                                    decide the Criminal Case No. 2226 of 2011, (State Vs. Dilip Kumar Mishra and
                                    Others) arising out of Case Crime No. C-38 of 2005 under Sections 498-A, 406, 323,
                                    504 & 506 I.P.C. and Section 3/4 of the Dowry Prohibition Act, P.S. Baksha, District
                                    Jaunpur pending in the Court of Civil Judge (Senior Division) F.T.C., Jaunpur 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.
                                    Nos. 2 to 6 as it is an innocuous order. If the O.P. Nos. 2 to 6 feel aggrieved, they 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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