Allahabad High Court
ARIF KHANversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- PRASHANT MISHRA I
Holding
The High Court allowed the application and directed the trial court to dispose of the pending case expeditiously within two months.
Summary
The applicant, Arif Khan, filed an application under Section 529 of the Criminal Procedure Code seeking an order directing the Special Judge (DAA) of the Uttar Pradesh Gangsters and Anti‑social Activities Act, Hamirpur, to expedite the trial of criminal miscellaneous case No. 113 of 2025 (State v. Shibu Khan et al.). The applicant claimed hardship because his immovable and movable property had been confiscated by the District Magistrate pending the trial’s conclusion. The State’s Additional Government Advocate did not oppose an expedited hearing, noting the interest of justice. The High Court, after noting the prolonged pendency, directed the trial court to decide the matter within two months of receiving a certified copy of the order, barring undue adjournments. Consequently, the application was disposed with a directive for speedy disposal of the pending criminal case.
Issues considered
- Whether the High Court can, under Section 529 CrPC, direct the trial court to expedite the disposal of a pending criminal case?
- Whether the applicant’s hardship due to property confiscation warrants such an order?
Legislation cited
- Code of Criminal Procedure, 1973 — s. 529
- Uttar Pradesh Gangsters and Anti‑social Activities Act, 1986 — s. 16(1)
Subjects
- Criminal Procedure
- Section 529
- Expedited Trial
- Property Confiscation
- Gangsters Act
- Pending Criminal Case
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 2297 of 2026
Arif Khan
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Rajeev Kumar Sharma
Counsel for Opposite Party(s) : G.A.
Court No. - 84
HON'BLE PRASHANT MISHRA-I, J.
Heard Sri Rajeev Kumar Sharma, learned counsel for the applicant and
learned A.G.A. for the State and perused the record.
The instant application has been preferred by the applicant with a prayer
to direct the learned Special Judge (DAA)/Gangster Act Hamirpur,
District Hamirpur to decide criminal misc. No. 113 of 2025, in Case
Crime No.0195 of 2022 "State Vs. Shibu Khan and others" under section
16(1) of The Uttar Pradesh Gangsters and Anti-social Activities Act 1986
Police Station- Biwar, District-Hamirpur.
Learned counsel for the applicant apprised this Court that the applicant is
in great hardship as his immovable and movable property have been
confiscated vide order of the District Magistrate- Hamirpur. He further
submitted that the present case is pending for quite some time and the
case has not culminated to its logical conclusion.
Learned A.G.A. has no objection if the matter be expedited in the interest
of justice.
Keeping in view the period of pendency of the case, it is directed that the
learned trial court shall make all endeavour to decide this case
expeditiously preferably within a period of two months from the date of
production of certified copy of this order, if there is no legal hurdle,
without permitting undue adjournments to either sides.
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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