Created by Fuzzy Cloud

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.