Allahabad High Court
DINESH KUMAR MITTALversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- PRASHANT MISHRA I
Holding
The High Court ordered the trial court to decide the pending criminal case within one year, subject to the absence of any legal hurdle, and disposed of the application without issuing notice to other respondents.
Summary
The applicant, Dinesh Kumar Mittal, filed an application under Section 529 of the Criminal Procedure Code seeking an order for the expeditious disposal of a pending Session trial (Case No. 645 of 2025) involving charges under Sections 302 and 120‑B IPC. The trial had been pending for a long period without reaching a conclusion. The State’s Additional Government Advocate raised no objection to the request. The High Court, after noting the undue delay, directed the trial court to endeavour to conclude the case within one year, provided there are no legal impediments, and to avoid unnecessary adjournments. No notice was issued to the other respondents (O.P. Nos. 2‑4) as the order was deemed innocuous. The application was disposed of accordingly.
Issues considered
- Whether the High Court can direct a trial court to dispose of a pending criminal case expeditiously under Section 529 CrPC.
- Whether any procedural impediment exists that would prevent such a direction.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 529
- Indian Penal Code — s. 120-B, 302
Subjects
- expeditious disposal
- Section 529 CrPC
- pendency of criminal trial
- adjournments
- session court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 2245 of 2026
Dinesh Kumar Mittal
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Krishna Dutt Tiwari
Counsel for Opposite Party(s) : G.A.
Court No. - 84
HON'BLE PRASHANT MISHRA-I, J.
Heard Sri Krishna Dutt Tiwari, 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 Session Case No. 645 of
2025 (State of U.P. Vs. Lalit Mittal & others) under Sections
302 & 120-B I.P.C., P.S. Gangoh, District Saharanpur pending
in the Court of learned Additional District & Sessions Judge,
Court No. 01, Saharanpur U.P., 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
NA529 No. 2245 of 2026
2
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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