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Allahabad High Court

BHUPENDRA YADAVversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The High Court held that, absent an exceptional circumstance, it could not impose a time‑bound schedule for the disposal of the pending complaint.

Summary

The applicant Bhupendra Yadav filed an application under Section 529 of the BNSS seeking a High Court direction for the Additional Chief Judicial Magistrate, Court No. 19, Deoria, to expedite the pending complaint case No. 4632 of 2025. The applicant argued that the case, filed in 2025, remained undecided and requested a time‑bound schedule for its disposal. The State opposed the direction only if the lower court was already overloaded. The Court referred to Supreme Court precedents (Shaikh Uzma Feroz Hussain v. State of Maharashtra and High Court Bar Association, Allahabad v. State of U.P.) which hold that time‑bound orders are permissible only in extraordinary circumstances. Finding no such exceptional circumstance, the Court declined to impose a schedule, but directed the applicant to move an appropriate application before the trial court within two weeks, and the trial court to decide it within six weeks, also ordering the trial court to record the applicant’s statements under Section 223. The application was disposed of finally.

Issues considered

  • Whether the High Court can issue a time‑bound direction for the disposal of a pending criminal complaint under Section 529 of the BNSS.
  • Whether the facts of the present case constitute an ‘exceptional circumstance’ justifying such a direction.
  • Whether the trial court should be directed to record the applicant’s statement under Section 223 of the BNSS.

Legislation cited

  • BNSS — s. 223, 316, 318, 351(2), 352, 529

Subjects

  • time‑bound disposal
  • exceptional circumstance
  • Section 529
  • expeditious trial
  • recording statements
  • Section 223
  • High Court direction
  • criminal procedure

Judgment

          HIGH COURT OF JUDICATURE AT ALLAHABAD
                 APPLICATION U/S 529 BNSS No. - 3941 of 2026

Bhupendra Yadav
                                                                  .....Applicant(s)
                                      Versus

State Of U.P. And 3 Others
                                                                      .....Opposite
                                                                            Party(s)

Counsel for Applicant(s)      : Ajay Bahadur Yadav, Sanjeev Yadav
Counsel for Opposite Party(s) : G.A.

Court No. - 78
                    HON'BLE DR. AJAY KUMAR-II, J.

1. Heard learned counsel for the applicant, learned A.G.A. for State and
perused material on record.
2. The present application has been filed by the applicant with prayer to
direct Additional Chief Judicial Magistrate, Court No. 19, Deoria to
decide/expedite the Complaint Case No. 4632 of 2025 (Bhupendra Yadav
Vs. Shashikant Mishra and others), under Sections 316, 318, 352, 351(2)
BNSS, Police Station Salempur, District Deoria.
3. Learned counsel for the applicant submits that the proceedings before
the court concerned be directed to be concluded in a time bound manner.
It is submitted by learned counsel for the applicant that matter belongs to
the year 2025, which is still pending and has not been decided till now.
Therefore, he requested that a direction to learned trial court be issued to
decide the aforesaid case within a stipulated period of time.
4. Learned A.G.A. has no objection in this regard if the Court below is
not already overloaded with huge pendency of such cases.
5. Hon’ble Apex Court in Shaikh Uzma Feroz Hussain vs. State of
Maharashtra in Writ Petition (Criminal) No. 587 of 2023 has observed
that every High Court and every Court in the country has a huge
pendency, the constitutional Court should avoid temptation of fixing a
time bound schedule for disposal of any case before any Court unless the
situation is extra ordinary. Hon’ble Apex Court in High Court Bar
Association, Allahabad vs. State of U.P. and others, (2024) 6 SCC 267
has observed in paragraph 42, which is reproduced as under:-
“Constitutional Courts should not normally fix a time-bound schedule for disposal of
                                                                                                   NA529 No. 3941 of 2026
                                                                        2

                                    cases pending in any Court. The pattern of pendency of various categories of cases
                                    pending in every Court, including High Courts, is different. The situation at the
                                    grassroots level is better known to the judges of the concerned Courts. Therefore, the
                                    issue of giving out-of- turn priority to certain cases should be best left to the
                                    concerned Courts. The orders fixing the outer limit for the disposal of cases should be
                                    passed only in exceptional circumstances to meet extraordinary situations.”

                                    6. Thus, law on issue of time bound and / or expeditious disposal has
                                    already been well settled that only when an exceptional circumstance is
                                    made out, a direction for time bound/ expeditious disposal of such a case
                                    can be issued not otherwise.
                                    7. Learned counsel for applicant has failed to make out any exceptional
                                    circumstance for issuance of direction for time bound disposal of
                                    complaint case pending before Court below. However, applicant is given
                                    liberty to move an appropriate application before Court concerned for
                                    bringing out such fact for expeditious disposal of his complaint case
                                    pending before it within two weeks from today and in case such an
                                    application is moved, the Court concerned shall decide the same within 6
                                    weeks from the date of filing of such application. If Court concerned
                                    comes to conclusion that the case for expeditious disposal is made out
                                    then in that eventuality it shall decide the same as expeditious as possible
                                    within a reasonable period.
                                    8. A perusal of certified copy of order-sheet reveals that the applicant was
                                    consistently present before the Court below on the dates fixed before it,
                                    for recording evidence under Section 223 BNSS, however no reason is
                                    mentioned in any of the order that why statement of
                                    applicant/complainant was not recorded, inspite of his presence before the
                                    Court below. Such casual approach cannot be appropriate. Therefore, the
                                    learned trial Court shall make all endevour for recording statements of the
                                    applicant/ complainant and his witnesses under Section 223 of BNSS.
                                    9. Accordingly, the present application is disposed of finally.


                                                                                               (Dr. Ajay Kumar-II,J.)
                                    September 8, 2026
                                    Dhirendra/




Digitally signed by :-
DHIRENDRA KUMAR
High Court of Judicature at Allahabad


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