Allahabad High Court
RAMLAL SINGH KUSHWAHAversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- PRASHANT MISHRA I
Holding
The High Court ordered the trial court to decide the pending criminal case within six months and to avoid undue adjournments, disposing of the application.
Summary
The applicant, Ramlal Singh Kushwaha, filed an application under Section 529 of the Criminal Procedure Code seeking expeditious disposal of a pending criminal case (Criminal Case No. 43179 of 2023) under Section 138 of the Negotiable Instruments Act, which was pending before the Judicial Magistrate‑VIII, Ghazipur. The applicant argued that the case had been pending for an unduly long period without reaching a conclusion. The State, represented by the learned Additional Government Advocate, raised no objection to an expedited hearing. The High Court, after considering the pendency and the interest of justice, directed the trial court to decide the matter within six months and to refrain from granting further adjournments, unless a legal hurdle arose. The application was disposed of without issuing any notice to the second opposite party, with a note that the party could approach the Court if aggrieved.
Issues considered
- Whether the High Court can order expeditious disposal of a criminal case under Section 529 CrPC.
- Whether the trial court should be directed to decide the case within a specific time frame and limit adjournments.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 529
- Negotiable Instruments Act, 1881 — s. 138
Subjects
- expeditious disposal
- Section 529 CrPC
- Section 138 Negotiable Instruments Act
- criminal procedure
- adjournment
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 2242 of 2026
Ramlal Singh Kushwaha
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Amit Kumar Singh, Yogesh
Pratap Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 84
HON'BLE PRASHANT MISHRA-I, J.
Heard Sri Amit Kumar Singh, 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 Case No. 43179
of 2023 (Ramlal Singh Kushwaha Vs. Divakar Maurya) under
Section 138 of Negotiable Instrument Act, P.S. Nandganj,
District Ghazipur pending in the Court of learned Judicial
Magistrate-VIII, Ghazipur, 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 six
months from today, if there is no legal hurdle, without
permitting undue adjournments to either sides.
With this direction, this application is disposed of without
NA529 No. 2242 of 2026
2
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.
May 5, 2026
A. Mandhani
(Prashant Mishra-I,J.)
Digitally signed by :-
ABHISHEK MANDHANI
High Court of Judicature at Allahabad
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