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Allahabad High Court

ANIL KUMAR JAINversusSTATE OF U.P.

Decided

Holding

The High Court directed the trial court to decide the pending criminal case as expeditiously as possible, without granting unnecessary adjournments.

Summary

The applicant filed an application under Section 529 of the BNSS seeking the court's direction for early disposal of a criminal trial (Case No. 73735 of 2024) involving offences under Sections 380, 411 and 457 of the IPC. The trial court had recorded the examination‑in‑chief of witness Anil Kumar on 5 May 2025 but had not completed his cross‑examination, causing a substantial delay. The applicant relied on the Supreme Court’s observation in Vinod Kumar v. State of Punjab (2015) that cross‑examination should not be deferred for an extended period and that undue adjournments defeat the concept of a fair trial. The High Court, without addressing the merits of the criminal case, directed the trial court to decide the matter expeditiously, avoiding unnecessary adjournments, and to cooperate with the parties. The application was disposed of with the said direction.

Issues considered

  • Whether the delay in completing cross‑examination of a witness warrants a direction for expeditious disposal of the criminal trial.
  • Whether the trial court should be restrained from granting further unnecessary adjournments in light of the precedent set in Vinod Kumar v. State of Punjab.

Legislation cited

Subjects

  • criminal trial
  • cross‑examination delay
  • expeditious disposal
  • adjournments
  • Section 529
  • IPC sections 380 411 457
  • fair trial

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                 APPLICATION U/S 529 BNSS No. - 2652 of 2025

Anil Kumar Jain
                                                              .....Applicant(s)
                                    Versus

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

Counsel for Applicant(s)                            :    Ajay Kumar
Counsel for Opposite Party(s)                       :    G.A.

Court No. - 84
                   HON'BLE JAI PRAKASH TIWARI, J.


1. Heard learned counsel for the applicant and learned A.G.A for the State as
also perused the record.

2. This application under Section 529 BNSS has been filed seeking direction
to the court concerned for early disposal of Case No. 73735 of 2024 (State
vs. Bharat Singh and others) arising out of Case Crime No. 504 of 2023,
under Sections- 380, 411, 457 IPC, Police Station- Tundla, District-
Firozabad, pending before the court of learned Judicial Magistrate,
Firozabad within stipulated period.

3. Learned counsel for the applicant submits that after submission of charge
sheet, cognizance has been taken in the year 2024 and thereafter
examination-in-chief of P.W.1 Anil Kumar has been recorded on 5.5.2025
but till date his cross-examination has not been completed, therefore, a
substantial period of time has already lapsed.

4. In case of Vinod Kumar vs. State of Punjab 2015 (3) SCC 220 in
paragraph no. 57.4, the Hon'ble Apex Court has held that "In fact, it is not at
all appreciable to call a witness for cross-examination after such a long
span of time. It is imperative if the examination-in-chief is over, the cross-
examination should be completed on the same day. If the examination of a
witness continues till late hours the trial can be adjourned to the next day
for cross-examination. It is inconceivable in law that the cross-examination
should be deferred for such a long time. It is anathema to the concept of
proper and fair trial."
                                                                                              NA529 No. 2652 of 2025
                                                                     2



                                    5. Considering the facts and circumstances of the case, without expressing
                                    any opinion on the merits of the case, this application is finally disposed of
                                    with a direction to the court concerned to decide the aforesaid case in
                                    accordance with law, keeping in view the law laid down by the Apex Court
                                    in case of Vinod Kumar(supra) in paragraph no. 57.4, as expeditiously as
                                    possible, without granting any unnecessary or long adjournments to either of
                                    the parties, if there is no other legal impediment. However, it is expected that
                                    both the parties shall cooperate with the trial.




                                                                                          (Jai Prakash Tiwari,J.)
                                    April 20, 2026
                                    KK Patel




Digitally signed by :-
KRISHN KANT PATEL
High Court of Judicature at Allahabad


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