Allahabad High Court
KISHAN CHAUDHARYversusSTATE OF U.P.
- Decided
- Bench
- AJAY KUMAR II
Holding
The High Court refused to issue a time‑bound disposal direction as the applicant failed to establish any extraordinary circumstance justifying such an order.
Summary
Kishan Chaudhary filed an application under Section 529 of the CrPC seeking a High Court direction that the trial court expedite criminal case No. 973 of 2024 (State vs. Virendra Singh) involving offences under IPC sections 420, 467, 468 and 471. The State opposed the direction only if the lower court was not already overburdened. The High Court examined Supreme Court precedents which hold that time‑bound disposal orders are permissible only in extraordinary circumstances. It found that the applicant had not demonstrated any such exceptional situation. Consequently, the application for a time‑bound schedule was refused, but the applicant was permitted to move a fresh application before the trial court for expeditious disposal, with a stipulated timeline for that application and the trial court's response. The High Court also directed the trial court to disclose any legal impediment if it cannot proceed with the case.
Issues considered
- Whether a High Court may direct a lower criminal court to dispose of a pending case within a stipulated time in the absence of exceptional circumstances.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 529
- Indian Penal Code — s. 420, 467, 468, 471
Subjects
- time‑bound disposal
- exceptional circumstances
- criminal procedure
- Section 529 CrPC
- IPC offences
- court pendency
- expeditious trial
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 4313 of 2026
Kishan Chaudhary
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Kamal Kaushal Upadhyay
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 the learned trial court to decide/expedite the Case No. 973 of 2024
(State vs. Virendra Singh and others) arising out of Case Crime No. 11 of
2024, under Sections 420, 467, 468, 471 IPC, P.S. Gaunda, District
Aligarh, pending before Judicial Magistrate, Iglas, Aligarh within
stipulated period.
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 2024, 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.
6. 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
NA529 No. 4313 of 2026
2
42, which is reproduced as under:-
“Constitutional Courts should not normally fix a time-bound schedule for disposal of
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.”
7. Thus, law as far as issuance of a direction for time bound/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.
8. Learned counsel for the applicant has failed to make out any
exceptional circumstances to issue direction for time-bound/expeditious
disposal of case, at this stage. Accordingly, relief sought by way of
present application is hereby refused.
9. Considering the nature of prayer made by counsel for the applicant, the
interest of justice would be served, in the event, the applicant applies
before the court concerned for expeditious disposal of the above
mentioned case. Therefore, applicant is given a liberty to move an
appropriate application before trial Court concerned for bringing out all
such fact, which are necessary for expeditious disposal of his case within
two weeks from today, and in case such an application is moved, the trial
Court shall decide the same within four weeks from the date of filing of
such application. If trial Court comes to conclusion that the case for
expeditious disposal is made out then in that eventuality it shall decide the
same as expeditiously as possible within a reasonable period.
10. It is also provided that in the event there is any legal impediment
before the court concerned in disposal of the case, then the court
concerned shall pass an appropriate order disclosing the legal impediment
as to why the proceedings of the above mentioned case cannot be
proceeded with.
11. Accordingly, the present application is disposed of with aforesaid
direction.
(Dr. Ajay Kumar-II,J.)
September 9, 2026
Dhirendra/
Digitally signed by :-
DHIRENDRA KUMAR
High Court of Judicature at Allahabad
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