Allahabad High Court
SANDEEP KUMAR PRAJAPATIversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- PRASHANT MISHRA I
Holding
The High Court directed the trial court to secure the accused's presence and decide the case within six months, without unnecessary adjournments, thereby granting the application for expeditious disposal.
Summary
The applicant, Sandeep Kumar Prajapati, filed an application under Section 529 of the Criminal Procedure Code seeking expeditious disposal of a pending criminal case (Case No. 811 of 2023) involving offences under Sections 406, 504 and 506 of the IPC. The trial court had repeatedly fixed the case for charge since May 2025, but the accused failed to appear, causing the proceedings to stall. The applicant argued that the delay prejudiced his interests and requested the higher court to intervene. The State, represented by the Additional Government Advocate, raised no objection to the prayer. The High Court, after hearing counsel, directed the trial court to secure the presence of the accused and to decide the matter within six months of receiving the certified copy of the order, without granting unnecessary adjournments, and disposed of the application.
Issues considered
- Whether the High Court can, under Section 529 CrPC, direct the trial court to expedite the pending criminal proceedings and limit further adjournments.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 529
- Indian Penal Code — s. 406, 504, 506
Subjects
- expedited disposal
- Section 529 CrPC
- criminal trial delay
- adjournment
- presence of accused
- IPC offences
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 2378 of 2026
Sandeep Kumar Prajapati
.....Applicant(s)
Versus
State Of U.P. And 2 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Harish Kumar Srivastava,
Kumar Ankit Srivastava
Counsel for Opposite Party(s) : G.A.
Court No. - 84
HON'BLE PRASHANT MISHRA-I, J.
1. Heard Mr. Kumar Ankit Srivastava, 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. 811 of 2023
(State Vs. Harishchandra Prajapati and others) arising out of Case
Crime No. 74 of 2023, under Sections 406, 504 & 506 of I.P.C.,
Police Station Kerakat, District Jaunpur, pending in the court of
learned Additional Chief Judicial Magistrate-3rd, Jaunpur, within
stipulated time.
3. Learned counsel for the applicant submitted that proceedings
of Case Crime No. 74 of 2023 has come to stand still as the case
is fixed for charge since 19.05.2025 and till date, it could not be
framed on account of absence of accused on the date fixed.
Learned counsel for the applicant also apprised that the interest of
informant-applicant is adversely being prejudiced in view of the
prolonged procedure. He has further prayed to expedite the
proceedings.
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 endeavours to secure the presence of
accused and it is also directed 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,
NA529 No. 2378 of 2026
2
if there is no legal impediment.
6. 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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