Allahabad High Court
SRI AJAY KUMAR SAROJversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- PRASHANT MISHRA I
Holding
The High Court directed the trial court to decide the case expeditiously, preferably within one year, and disposed of the application.
Summary
The applicant filed an application under Section 529 of the Criminal Procedure Code seeking expeditious disposal of a criminal trial (Case No. 26 of 2018) involving offences under Sections 323 and 504 IPC and Section 3(2)(v) of the SC/ST (Prevention of Atrocities) Act. The trial, pending before a Special Judge since 2018, had charges framed but no prosecution witnesses examined. The State's Advocate General raised no objection to the prayer. The High Court allowed the applicant to amend the memo and directed the trial court to conclude the case within one year of the certified copy of the order, prohibiting unnecessary adjournments, and disposed of the application.
Issues considered
- Whether the trial court should be directed to complete the pending criminal trial within a specified time to avoid undue delay.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 529
- Indian Penal Code — s. 323, 504
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(2)(v)
Subjects
- expeditious trial
- criminal procedure
- trial delay
- Section 529
- adjournment
- SC/ST Act
- court direction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 2373 of 2026
Sri Ajay Kumar Saroj
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Abhishek Kumar Shukla,
Aklesh Kumar
Counsel for Opposite Party(s) : G.A.
Court No. - 84
HON'BLE PRASHANT MISHRA-I, J.
1. Heard Mr. Abhishek Kumar Shukla, Advocate holding brief
of Sri Aklesh 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. 26 of 2018
(State Vs. Jitendra Pratap and others) arising out of Case Crime
No. 474 of 2017, under Sections 323 & 504 of I.P.C. and Section
3(2)(v)Ka of SC/ST Act, Police Station Soraon, District
Allahabad, pending in the court of learned Special Judge, SC/ST
Act, Allahabad, within stipulated time.
3. Learned counsel for the applicant submitted that the present
case is pending since year 2018 and charges have been framed
but till date none of the prosecution witnesses have been
examined. Learned counsel for the applicant has also apprised
that in the memo of this application, S.T. No. has been mentioned
as 23 of 2018; it be read as 26 of 2018.
4. It appears that from the date of framing of charges, none of
the prosecution witness have been examined till date.
5. Learned A.G.A. has no objection to the innocuous prayer of
the applicant.
6. Learned counsel for the applicant is permitted to make
necessary amendments in memo of application.
7. It is further directed that the learned trial court concerned
shall make all endeavour to decide the aforesaid case
NA529 No. 2373 of 2026
2
expeditiously, preferably withing a period of one year from the
date of production of certified copy of this order, without
granting any unnecessary adjournment to either of the parties,
if there is no legal impediment.
8. With the aforesaid direction, this application is disposed of.
May 12, 2026
A. Mandhani
(Prashant Mishra-I,J.)
Digitally signed by :-
ABHISHEK MANDHANI
High Court of Judicature at Allahabad
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