Allahabad High Court
GAURAV GOYALversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- PRASHANT MISHRA I
Holding
The Court directed the trial court to decide the case within six months, subject to the absence of any legal impediment, and disposed of the application.
Summary
Gaurav Goyal filed an application under Section 529 of the Criminal Procedure Code seeking a direction to the Additional Chief Judicial Magistrate, Mathura, to frame charges and expedite the disposal of State vs. Ajay Kumar Jain (Case No. 3155 of 2019) arising from a 2013 FIR involving offences under Sections 406, 420, 506, 386 and 120‑B IPC. The FIR was lodged in 2013, cognizance taken in 2016, and the next charge‑framing date was fixed for 18‑05‑2026, indicating a prolonged pendency. The State, represented by the learned Additional Government Advocate, raised no objection to the applicant’s prayer. The High Court, after hearing counsel, directed the trial court to endeavour to decide the matter within six months of the order, provided there is no legal impediment, and to avoid unnecessary adjournments. The application was consequently disposed of with the said direction.
Issues considered
- Whether the trial court should be directed to frame charges and dispose of the pending criminal case expeditiously
- Whether any legal impediment exists that would preclude imposing a six‑month time‑frame
Legislation cited
- Code of Criminal Procedure, 1973 — s. 529
- Indian Penal Code — s. 120-B, 386, 406, 420, 506
Subjects
- expeditious trial
- criminal procedure
- Section 529 CrPC
- adjournments
- pending criminal case
- charge framing
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 2291 of 2026
Gaurav Goyal
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Nitin Chandra, Prabhakar Pal
Counsel for Opposite Party(s) : G.A.
Court No. - 84
HON'BLE PRASHANT MISHRA-I, J.
1. Heard Mr. Nitin Chandra Mishra, 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 to directed the learned Additional Chief Judicial
Magistrate, Court No. 1, Mathura to frame charges against the
private respondents on the next date and for expeditious disposal
of Case No. 3155 of 2019 (State Vs. Ajay Kumar Jain and
Others), arising out of Case Crime No. 652 of 2013, under
Sections 406, 420, 506, 386, 120-B I.P.C., Police Station
Kotwali, District Mathura, pending in the court of learned
Additional Chief Judicial Magistrate, Court No. 1, Mathura,
within stipulated time.
3. Learned counsel for the applicant apprised this Court that the
next date fixed for charge before the learned trial court is
18.05.2026. The F.I.R. is of the year 2013 and cognizance was
taken on 28.04.2016. The 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
NA529 No. 2291 of 2026
2
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 six 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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