Allahabad High Court
VASUDEVversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- PRASHANT MISHRA I
Holding
The court allowed the exemption application and directed the trial to be expedited without undue adjournments.
Summary
The applicant, Vasudev, filed an application under Section 529 of the Criminal Procedure Code seeking an order to expedite a criminal case (Case No. 1037 of 2012, crime no. 374 of 2008) pending before the Additional Chief Judicial Magistrate, Court No.2, Fatehpur since 2008. He argued that the prolonged pendency caused severe hardship given his age of about 74 years. The State, represented by the Additional Advocate General, raised no objection to expediting the trial. The court examined the record, found the grounds sufficient, and ordered that the case be proceeded with without undue adjournments, provided no legal hurdle exists. Consequently, the exemption application was allowed and the matter was disposed of accordingly.
Issues considered
- Whether an application under Section 529 CrPC can be entertained to direct expeditious trial of a pending criminal case on grounds of the applicant's age and hardship.
Legislation cited
Subjects
- exemption application
- expedition of trial
- criminal procedure
- prevention of damage to public property
- judicial delay
- elderly litigant
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 2294 of 2026
Vasudev
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Puneet Kumar
Counsel for Opposite Party(s) : G.A.
Court No. - 84
HON'BLE PRASHANT MISHRA-I, J.
Order on Criminal Misc. Exemption Application No. 01 of 2026.
1. Learned counsel for the applicant and learned A.g.A. for the State are
present.
2. Learned counsel for the applicant submitted that he has provided typed
copy of Annexure No.1 and 4 as he could not get the clear copy of the
same.
3. Learned A.G.A. has no objection to the same.
4. Grounds shown are sufficient.
5. Exemption application is allowed.
Order on Application.
1. Heard learned counsel for the applicant and learned A.G.A. for the
State and perused the record.
2. The instant application has been preferred by the applicant with a
prayer to direct to the Additional Chief Judicial Magistrate, Court No.2,
Fatehpur to expedite the Case No. 1037 of 2012 (State VS Vasudev), case
crime no. 374 of 2008, under section 3/4 Prevention of Damage to Public
Property Act, 1984, P.S- Lalauli, District- Fatehpur, pending in the court
of Additional Chief Judicial Magistrate, Court No.2, Fatehpur since year
2008.
3. Learned counsel for the applicant submitted that the case is pending
since 2008, the applicant is about 74 years of and he is facing great
hardship due the pendency of the case.
4. Learned A.G.A. has no objection if the matter be expedited in the
interest of justice.
5. from the date of production of certified copy of this order, if there is no
NA529 No. 2294 of 2026
2
legal hurdle, without permitting undue adjournments to either sides.
6. With the aforesaid the instant application finally stands disposed of.
(Prashant Mishra-I,J.)
May 7, 2026
Saurabh
Digitally signed by :-
SAURABH
High Court of Judicature at Allahabad
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