Allahabad High Court
SUMAN MISHRAversusSTATE OF U.P. AND 5 OTHERS
- Decided
- Bench
- PRASHANT MISHRA I
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
- Code of Criminal Procedure, 1973 — s. 529
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 406, 498-A, 504, 506
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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