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Allahabad High Court

SUSHIL RASTOGIversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The court directed the trial court to dispose of the case within six months, without granting unnecessary adjournments.

Summary

The applicant filed an application under Section 529 of the Criminal Procedure Code seeking an expeditious disposal of a pending criminal trial (State v. Abhishek Tomar) involving offences under Sections 420, 406 and 506 of the IPC. The trial court had only recorded two prosecution witnesses since the charges were framed in May 2017, causing a long delay. The State’s Additional Government Advocate raised no objection to the request. The High Court, after hearing counsel, directed the trial court to complete the trial within six months of the order, prohibiting unnecessary adjournments unless a legal impediment exists. The application was thereafter disposed of.

Issues considered

  • Whether the trial court should be directed to expedite the disposal of the pending criminal case under Section 529 CrPC?

Legislation cited

Subjects

  • expeditious disposal
  • Section 529 CrPC
  • criminal trial delay
  • adjournment
  • pending criminal case
  • procedural direction

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     APPLICATION U/S 529 BNSS No. - 2376 of 2026

                                    Sushil Rastogi
                                                                                                   .....Applicant(s)
                                                                         Versus

                                    State of U.P. and Another
                                                                                                        .....Opposite
                                                                                                              Party(s)

                                    Counsel for Applicant(s)      : Devendra Kumar, Vaibhav Mishra,
                                                                    Vinay Bhushan Upadhyay
                                    Counsel for Opposite Party(s) : G.A.

                                    Court No. - 84
                                                       HON'BLE PRASHANT MISHRA-I, J.

                                    1. Heard Mr. Devendra 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. 6727 of 2016 (State Vs. Abhishek
                                    Tomar) arising out of Case Crime No. 017 of 2015, under Sections 420, 406
                                    & 506 of I.P.C., Police Station Lal Kurti, District Meerut, pending in the
                                    court of learned Civil Judge (J.D.)/F.T.C., District Mau within stipulated
                                    time.

                                    3. Learned counsel for the applicant submitted that charges were framed
                                    against the accused persons on 16.05.2017 and till date, only two
                                    prosecution witnesses i.e. P.W. 1 & P.W. 2 were recorded. The proceedings
                                    are held up since long, thereby learned counsel for the applicant prayed to
                                    direct the learned trial court to expedite the proceedings of the aforesaid
                                    case.

                                    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 withing a period of six months 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.

                                    6. With the aforesaid direction, this application is disposed of.


                                                                                           (Prashant Mishra-I,J.)
                                    May 12, 2026
                                    A. Mandhani




Digitally signed by :-
ABHISHEK MANDHANI
High Court of Judicature at Allahabad


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