Allahabad High Court
SMT SANJU NISHADversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- PRASHANT MISHRA I
Holding
The trial court must endeavour to dispose of the pending criminal case within one year of the order, subject to the absence of any legal impediment.
Summary
The applicant, Smt. Sanju Nishad, filed an application under Section 529 of the Criminal Procedure Code seeking expeditious disposal of a pending criminal case (Case No. 732 of 2019) involving offences under Sections 498-A, 323, 504, 506 IPC and Sections 3/4 of the Dowry Prohibition Act. The trial court had delayed the proceedings for a considerable period. The respondent State, represented by the Additional Government Advocate, raised no objection to the applicant’s request. The High Court, after hearing counsel, observed that there was no legal impediment to a speedy trial and directed the trial court to conclude the matter preferably within one year of the order, without unnecessary adjournments. The application was consequently disposed of.
Issues considered
- Whether the High Court can direct the trial court to dispose of a pending criminal case within a specified time frame under Section 529 CrPC.
- Whether any legal impediment exists that would prevent such expeditious disposal.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 529
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 498-A, 504, 506
Subjects
- expeditious disposal
- Section 529 CrPC
- criminal trial
- adjournments
- Dowry Prohibition Act
- IPC offences
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 2289 of 2026
Smt Sanju Nishad
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Rajesh Kumar
Counsel for Opposite Party(s) : G.A.
Court No. - 84
HON'BLE PRASHANT MISHRA-I, J.
1. Heard Mr. Rajesh Kumar, 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. 732 of 2019 (Sanju Nishad Vs.
Virendra Nishad and others), under Sections 498-A, 323, 504, 506 I.P.C. and
Section 3/4 D.P. Act, Police Station Sarai Khwaja, District Jaunpur, pending
in the court of learned Additional Chief Judicial Magistrate-III, Jaunpur,
within stipulated time.
3. Learned counsel for the applicant submitted that the present case is
pending since long and the same 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 one year 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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