Allahabad High Court
CHANDRA KALA SINGHversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- PRASHANT MISHRA I
Holding
The court held that the trial court must endeavour to dispose of the pending criminal case within six months from the date of the order, provided there is no legal impediment, and must not grant unnecessary adjournments.
Summary
The applicant, Chandra Kala Singh, filed an application under Section 529 of the Criminal Procedure Code seeking expeditious disposal of a criminal complaint (Case No. 25168 of 2021) involving offences under Sections 323, 504 and 354‑B of the IPC. The accused, who had been granted anticipatory bail, had failed to appear before the trial court despite multiple processes being issued. The State’s Additional Government Advocate raised no objection to the applicant’s request. The court observed that the delay was caused by the accused’s evasion and that there was no legal impediment to speeding up the trial. Consequently, the court directed the trial court to decide the case within six months of the order, without granting unnecessary adjournments, and disposed of the application.
Issues considered
- Whether the trial court should be directed to expedite the disposal of the pending criminal complaint.
- Whether any legal impediment exists to imposing a six‑month time‑frame for the trial.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 529
- Indian Penal Code — s. 323, 354-B, 504
Subjects
- anticipatory bail
- expeditious trial
- adjournments
- Criminal Procedure Code
- Section 529
- Indian Penal Code
- criminal complaint
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 2366 of 2026
Chandra Kala Singh
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Prem Shankar Sharma
Counsel for Opposite Party(s) : G.A.
Court No. - 84
HON'BLE PRASHANT MISHRA-I, J.
1. Heard Mr. Alok Ashish Vaibhav, learned Advocate holding brief of Mr.
Prem Shankar Sharma, learned counsel for the applicant, 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 Complaint Case No. 25168 of 2021 (Shasi Kala
Singh Vs. Sanjay Jaiswal and Others), under Sections 323, 504, 354-B
I.P.C., Police Station Saiyadraja, District Chanduali, pending in the court of
learned Judicial Magistrate/F.T.C.-II, Chandauli, within stipulated time.
3. Learned counsel for the applicant apprised that accused-opposite party
Nos. 2, 3 and 4, namely, Sanjay Jaiswal, Shailesh and Kamlesh granted
anticipatory bail by this Court and they have not appeared till date before the
trial court to face the trial. Processes are being issued against them on
different dates by the learned trial court, but that is of no use. Opposite party
Nos. 2 to 4 are trying to evade the trial and delay the proceedings with
ulterior intent.
4. Perused the order sheet annexed along with the application. It appears on
several dates processes have been issued against accused-opposite party Nos.
2 to 4 and the matter is pending at that stage since long.
5. Learned A.G.A. has no objection to the innocuous prayer of the applicant.
6. In view of the above, it is directed that the learned trial court concerned
NA529 No. 2366 of 2026
2
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.
7. With the aforesaid direction, this application is disposed of.
(Prashant Mishra-I,J.)
May 12, 2026
Kashifa
Digitally signed by :-
KASHIFA
High Court of Judicature at Allahabad
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