Allahabad High Court
RAJENDRA MOHAN AGARWALversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- PRASHANT MISHRA I
Holding
The court held that, under Section 529 of the Criminal Procedure Code, it may direct the trial court to dispose of the pending case expeditiously without issuing notice to the opposite party.
Summary
The applicant, Rajendra Mohan Agarwal, filed an application under Section 529 of the Criminal Procedure Code seeking an expeditious disposal of a pending criminal case (Complaint No. 10995 of 2022) involving allegations under Sections 498-A, 323, 504, 506 and 3/4 of the D.P. Act. The applicant is the father‑in‑law of the second opposite party and argued that the case had been pending for an unduly long period without reaching a conclusion. The State’s Additional Government Advocate did not oppose the request for acceleration. The High Court, noting the prolonged pendency and the lack of objection, directed the trial court to decide the matter within six months of the order, provided there were no legal hurdles, and barred unnecessary adjournments. The Court held that such a direction is permissible under Section 529 CrPC and, being an innocuous order, did not require notice to the second opposite party. The application was disposed of with the expeditious disposal direction.
Issues considered
- Whether the High Court can, under Section 529 CrPC, direct the trial court to expedite the disposal of a pending criminal case without issuing notice to the opposite party.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 529
Subjects
- expeditious disposal
- Section 529 CrPC
- pendency
- criminal procedure
- court order
- injunction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 2275 of 2026
Rajendra Mohan Agarwal
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Shashi Kumar Tiwari
Counsel for Opposite Party(s) : G.A.
Court No. - 84
HON'BLE PRASHANT MISHRA-I, J.
Heard Sri Shashi Kumar 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 Complaint Case No. 10995 of 2022 (Smt.
Shivali Agarwal Vs. Amodh Agarwal and others) under Sections 498-A,
323, 504, 506 & 3/4 of D.P. Act, P.S. Shahganj, District Agra pending in
the Court of learned Additional Chief Judicial Magistrate-IX, Agra,
within stipulated time.
It is apprised by learned counsel for the applicant that applicant, Rajendra
Mohan Agrawal is father-in-law of opposite party no. 2. He has further
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 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. No. 2 as it is an innocuous order. If the O.P. No. 2 feels
NA529 No. 2275 of 2026
2
aggrieved, he may approach this Court.
(Prashant Mishra-I,J.)
May 6, 2026
A. Mandhani
Digitally signed by :-
ABHISHEK MANDHANI
High Court of Judicature at Allahabad
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