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Allahabad High Court

SMT KAUSHALYA DEVIversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The High Court directed the trial court to decide the case within nine months and disposed of the application.

Summary

The applicant, Smt Kaushalya Devi, filed an application under Section 529 of the Criminal Procedure Code seeking expeditious disposal of a pending criminal trial (Case No. 176 of 2024) involving offences under Sections 419, 420, 467, 468, 471, 504, 506 IPC. The learned counsel argued that the trial had been unduly delayed and had not reached a logical conclusion. The State's counsel raised no objection to the request. The High Court, after hearing both sides, directed the trial court to endeavour to conclude the case within nine months of the order, provided there is no legal impediment, and to avoid unnecessary adjournments. The application was thereafter disposed of.

Issues considered

  • Whether the trial court should be directed to dispose of the pending criminal case expeditiously within a specified time frame under Section 529 CrPC?

Legislation cited

Subjects

  • expeditious disposal
  • Section 529 CrPC
  • criminal trial management
  • adjournments
  • case delay

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                    APPLICATION U/S 529 BNSS No. - 2287 of 2026

                                    Smt Kaushalya Devi
                                                                                                   .....Applicant(s)
                                                                        Versus

                                    State Of U.P. And 2 Others
                                                                                                        .....Opposite
                                                                                                              Party(s)

                                    Counsel for Applicant(s)                   :   Ashwani Kumar Yadav
                                    Counsel for Opposite Party(s)              :   G.A.

                                    Court No. - 84
                                                      HON'BLE PRASHANT MISHRA-I, J.

                                    1. Heard Mr. Ashwani Kumar Yadav, learned counsel for the applicant and
                                    learned A.G.A. representing the State and perused the record.

                                    2. The instant application has been preferred by the applicant with a prayer
                                    for expeditious disposal of Case No. 176 of 2024 (State Vs. Ashok Kumar
                                    Gupta and Others), arising out of Case Crime No. 515 of 2022, under
                                    Sections 419, 420, 467, 468, 471, 504, 506 I.P.C., Police Station Kotwali,
                                    District Ballia, pending in the court of learned Chief Judicial Magistrate,
                                    Ballia, within stipulated time.

                                    3. Learned counsel for the applicant submitted that the present case is
                                    pending since long and the case has not culminated to its logical conclusion.

                                    4. Learned A.G.A. has no objection to the innocuous prayer of the applicant.

                                    5. In view of the above, it is directed that the learned trial court concerned
                                    shall make all endeavour to decide the aforesaid case expeditiously
                                    preferably within a period of nine months from the date of production of
                                    certified copy of this order, if there is no legal impediment, without granting
                                    unnecessary adjournments to either of the parties.

                                    6. With the aforesaid direction, this application is disposed of.



                                                                                           (Prashant Mishra-I,J.)
                                    May 7, 2026
                                    Kashifa




Digitally signed by :-
KASHIFA
High Court of Judicature at Allahabad


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