Allahabad High Court
VIVEK SONIversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- PRASHANT MISHRA I
Holding
The High Court directed the trial court to decide the case within six months, thereby granting the application for expeditious disposal.
Summary
The applicant, Vivek Soni, who is also an accused husband in a criminal case (Case No. 15646 of 2022) involving charges under Sections 498(A), 323, 504, 506 IPC and Sections 3/4 of the D.P. Act, filed an application under Section 529 of the CrPC seeking expeditious disposal of the trial pending before the Chief Judicial Magistrate, Jhansi. The trial was at the stage of cross‑examination of the first witness. The State’s counsel raised no objection to the request. The High Court, after hearing counsel, directed the trial court to conclude the matter within six months of the order, prohibiting unnecessary adjournments unless a legal impediment existed. The application was consequently disposed of with the said direction.
Issues considered
- Whether the High Court can direct the trial court to dispose of a pending criminal case expeditiously under Section 529 CrPC.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 529
- D.P. Act — s. 3, 4
- Indian Penal Code — s. 323, 498, 504, 506
Subjects
- expeditious trial
- Section 529 CrPC
- case management
- adjournment
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 2377 of 2026
Vivek Soni
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Anil Kumar Jaiswal, Dileep Kumar
Yadava
Counsel for Opposite Party(s) : G.A.
Court No. - 84
HON'BLE PRASHANT MISHRA-I, J.
1. Heard Mr. Anil Kumar Jaiswal, 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. 15646 of 2022 (State Vs. Vivek and
others) arising out of Case Crime No. 540 of 2021, under Sections 498(A),
323, 504, 506 of I.P.C. and Section 3/4 of D.P. Act, Police Station Sipri
Bazar, District Jhansi, pending in the court of learned Chief Judicial
Magistrate, Jhansi, within stipulated time.
3. Learned counsel for the applicant submitted that the applicant is the
husband and accused in Case No. 15646 of 2022. It was also apprised that
charges in the matter have been framed. Matter is still pending before
learned trial court at the stage of cross-examination of P.W. 1. He has further
prayed to expedite the proceedings of 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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