Allahabad High Court
LOKENDRA SINGHversusSTATE OF U.P. AND ANOTHER
- Decided
Holding
The High Court directed the trial court to decide the pending criminal case expeditiously, preferably within six months, and disposed of the application.
Summary
The applicant Lokendra Singh filed an application under Section 529 of the B.N.S.S. seeking a direction to the Judicial Magistrate II, Kanpur Nagar, to dispose of Criminal Case No. 3060 of 2014 (State vs. Lokendra Singh), originally pending since 2009 under IPC sections 379 and 411. The applicant argued that the trial court had unduly delayed the trial and requested a time‑bound decision. The State’s Additional Government Advocate raised no objection. After considering the submissions and the record, the High Court noted the prolonged pendency and ordered the trial court to endeavour to decide the case as expeditiously as possible, preferably within six months of the certified copy of the order, without unnecessary adjournments. The application was thereafter disposed of.
Issues considered
- Whether the High Court can, under Section 529 of the B.N.S.S., direct a Judicial Magistrate to decide a criminal case pending since 2009 within a stipulated period.
Legislation cited
- B.N.S.S. — s. 529
- Indian Penal Code — s. 379, 411
Subjects
- case management
- adjournment
- expedited trial
- Section 529
- B.N.S.S.
- IPC
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 2523 of 2026
Lokendra Singh
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite Party(s)
Counsel for Applicant(s) : Anuj Kumar Singh, Raj Kumar Dubey,
Subhash Chandra Dubey, Sudha Dubey
Counsel for Opposite Party(s) : G.A.
Court No. - 78
HON'BLE SUBHASH CHANDRA SHARMA, J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and
perused the material on record.
The present application u/s 529 B.N.S.S. has been filed with prayer to direct the
learned court of Judicial Magistrate II District Kanpur Nagar to decide the Criminal
Case No 3060 of 2014 (State Vs. Lokendra Singh) in Case Crime No.343 of 2009, u/s
379 & 411 of I.P.C., Police Station FazalGanj, District Kanpur Nagar pending before
thim within stipulated period of time.
It is submitted by learned counsel for the applicant that in this case he is informant and
case is pending before the learned trial court from the year 2009 and has not been
decided by the learned trial court till now, therefore, request to direct the learned trial
court to decide the case within stipulated time period.
Learned A.G.A. has no objection in this regard.
Considering the facts and circumstances of the case, submissions made by learned
counsel for the applicant as well as learned A.G.A., perusal of record and the order
sheet, it appears that this case is pending before the learned trial court from the year
2009. In view of the case being pending before the learned trial court from the year
2009, it is expedient to direct the learned trial court to make its endeavour to decide
the case as expeditiously as possible preferably within a period of six months from
the date of production of certified copy of this order in accordance with law, without
granting any unnecessary adjournment to either of the parties, if there is no legal
impediment.
Accordingly, this application is disposed of.
September 30, 2026
Ashok Gupta
(Subhash Chandra Sharma,J.)
Digitally signed by :-
ASHOK KUMAR GUPTA
High Court of Judicature at Allahabad
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