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Allahabad High Court

LILAVATIversusSTATE OF U.P. AND 4 OTHERS

Decided

Holding

The High Court directed the trial court to decide the pending case within one year, avoiding unnecessary adjournments.

Summary

The applicant, Lilavati, filed an application under Section 529 of the Criminal Procedure Code seeking an expeditious disposal of a pending criminal case (Case No. 23 of 2016) involving offences under Sections 498-A, 323, 504 and 506 of the IPC. The trial court had delayed the proceedings for a long period without reaching a conclusion. The State, represented by the learned A.G.A., raised no objection to the applicant's request. The High Court, after hearing counsel, directed the trial court to decide the matter within one year of the order, provided there is no legal impediment, and to avoid unnecessary adjournments. The application was consequently disposed of with the direction to the trial court.

Issues considered

  • Whether the High Court should direct the trial court to dispose of the pending criminal case expeditiously under Section 529 of the CrPC.

Legislation cited

Subjects

  • expeditious disposal
  • Section 529
  • Criminal Procedure Code
  • adjournments
  • pending criminal case
  • High Court direction

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                    APPLICATION U/S 529 BNSS No. - 2296 of 2026

                                    Lilavati
                                                                                                   .....Applicant(s)
                                                                         Versus

                                    State Of U.P. And 4 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. 23 of 2016 (Lilavati Vs. Prahlad and
                                    Others), under Sections 498-A, 323, 504, 506 I.P.C., Police Station Sarai
                                    Khwaja, District Jaunpur, pending in the court of learned Additional Chief
                                    Judicial Magistrate-IIIrd, Jaunpur, 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 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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