Allahabad High Court
DHARMENDRAversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- PRASHANT MISHRA I
Holding
The court held that the trial court must decide the pending criminal case within one year, without undue adjournments, and the application can be disposed of without notice to other respondents.
Summary
The applicant filed an application under Section 529 of the Criminal Procedure Code seeking expeditious disposal of Criminal Case No. 9444 of 2021 (State of U.P. v. Harendra) pending before the Additional Chief Judicial Magistrate Court, Ghaziabad. The case, involving offences under Sections 323, 504 and 506 IPC, had been pending for several years without conclusion. The State’s counsel did not oppose the request. The High Court, noting the undue delay, directed the trial court to decide the matter within one year, barring unnecessary adjournments, and disposed of the application without issuing notice to the other respondents, stating that the order was innocuous. The court also indicated that any aggrieved party could approach it.
Issues considered
- Whether the trial court can be directed under Section 529 CrPC to dispose of a pending criminal case expeditiously.
- Whether notice to other respondents is required for such a direction.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 529
- Indian Penal Code — s. 323, 504, 506
Subjects
- expeditious disposal
- Section 529 CrPC
- criminal case pendency
- adjournments
- trial court direction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 2243 of 2026
Dharmendra
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite Party(s)
Counsel for Applicant(s) : Jay Prakash Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 84
HON'BLE PRASHANT MISHRA-I, J.
Heard Sri Jay Prakash Yadav, 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. 9444 of 2021 (State of U.P. Vs. Harendra
and others) arising out of Case Crime No. 0578 of 2016 under Sections 323, 504, 506
I.P.C., P.S. Indrapuram, District Ghaziabad pending in the Court of Additional Chief
Judicial Magistrate Court No. 8, Ghaziabad, 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 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 4 as it is an innocuous order. If the O.P. Nos. 2 to 4 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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