Allahabad High Court
SMT MAMTA YADAVversusSTATE OF U.P. AND 7 OTHERS
- Decided
- Bench
- PRASHANT MISHRA I
Holding
The High Court ordered the trial court to decide the pending criminal case within one year, without undue adjournments, as an innocuous order under Section 529 CrPC.
Summary
The applicant, Smt. Mamta Yadav, filed an application under Section 529 of the Criminal Procedure Code seeking an expeditious disposal of a criminal complaint (Case No. 302 of 2018) pending before the Judicial Magistrate Court, Prayagraj, involving charges under Sections 498A, 323, 504 and 506 IPC. The applicant argued that the case had been pending for an inordinate period without reaching a conclusion. The State, represented by the Additional Government Advocate, raised no objection to the request for acceleration. The Court, noting the long pendency and in the interest of justice, directed the trial court to decide the matter preferably within one year of the certified copy of the order, provided there is no legal hurdle, and to refrain from granting undue adjournments. The application was disposed of as an innocuous order without issuing notice to the other respondents, who were left with the option to approach the High Court if aggrieved.
Issues considered
- Whether the High Court can order expeditious disposal of a pending criminal trial under Section 529 CrPC.
- Whether any legal hurdle precludes setting a one‑year deadline for the trial court.
- Whether the order can be passed without notice to the other respondents.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 529
Subjects
- expeditious disposal
- Section 529 CrPC
- criminal trial pendency
- adjournments
- innocuous order
- Judicial Magistrate Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 2265 of 2026
Smt Mamta Yadav
.....Applicant(s)
Versus
State Of U.P. And 7 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Ajay Kumar Giri, Surendra Kumar
Counsel for Opposite Party(s) : G.A.
Court No. - 84
HON'BLE PRASHANT MISHRA-I, J.
Heard 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 the proceeding of complaint Case No. 302 of
2018 (Smt. Mamta Yadav Versus Kaushlendra Pratap Yadav and others)
Under Sections 498A, 323, 504, 506 I.P.C. pending in the Court of
Judicial Magistrate Court No. 2, District- Prayagraj.
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 the date of
production of certified copy of this order, 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 8 as it is an innocuous order. If the O.P. Nos. 2 to
8 feel aggrieved, they may approach this Court.
(Prashant Mishra-I,J.)
May 6, 2026
Saurabh
Digitally signed by :-
SAURABH
High Court of Judicature at Allahabad
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