Allahabad High Court
JYOTI SHAKYAversusSTATE OF U.P. AND 4 OTHERS
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The High Court directed the lower court to decide the criminal case expeditiously, without unnecessary adjournments, exercising its power under Section 529 of the CrPC.
Summary
The applicant filed an application under Section 529 of the Criminal Procedure Code seeking a direction to the Additional Civil Judge (Junior Division)/Judicial Magistrate, Court No. VIII, Kanpur Nagar, to dispose of Criminal Case No. 8202185 of 2024 (State v. Avinish Pratap Singh et al.) which involves offences under Sections 498‑A, 323, 504, 506, 354 IPC and Sections 3 and 4 of the Delhi Police Act. The case had been pending since 2024 and the applicant argued that it should be decided within the stipulated period without further adjournments. The High Court, after noting the pendency, did not express any view on the merits of the criminal case but exercised its power under Section 529 to direct the lower court to decide the matter expeditiously. The Court ordered that no unnecessary adjournments be granted unless a legal impediment existed. Consequently, the application was disposed of with the direction to the concerned court to dispose of the criminal case promptly.
Issues considered
- Whether the High Court can, under Section 529 of the CrPC, direct a lower court to decide a pending criminal case within the stipulated period.
- Whether any legal impediment exists that would prevent the lower court from disposing of the case expeditiously.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 529
- Delhi Police Act — s. 3, 4
- Indian Penal Code — s. 323, 354, 498-A, 504, 506
Subjects
- Section 529
- expedited trial
- adjournment
- criminal procedure
- case management
- IPC offences
- Allahabad High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 4506 of 2026
Jyoti Shakya
.....Applicant(s)
Versus
State Of U.P. And 4 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Ripusudan Dubey, Savita Dubey
Counsel for Opposite Party(s) : G.A.
Court No. - 77
HON'BLE SANJAY KUMAR PACHORI, J.
Heard Sri Ripusudan Dubey, learned counsel for the applicant and Sri
Pushpraj Singh, learned brief holder for the State.
The present application u/s 529 BNSS has been filed by the applicant with
prayer to issue a direction to the Additional Civil Judge (Junior
Division)/Judicial Magistrate, Court No. VIII, Kanpur Nagar to decide the
Criminal Case No.8202185 of 2024 (State Vs. Avinish Pratap Singh and
Others), arising out of Case Crime No. 91 of 2023, under Sections 498-A,
323, 504, 506, 354 of IPC and 3/4 of D.P. Act, Police Station Raipurva,
District-Kanpur Nagar, within stipulated period.
Considering the fact that the case is pending since 2024, without
expressing any opinion on the merit of the case, this application is finally
disposed of with direction to court concerned to decide the aforesaid case
in accordance with law expeditiously, without granting any unnecessary
adjournment to either of the parties if there is no legal impediment.
With the aforesaid direction, the application stands disposed of.
(Sanjay Kumar Pachori,J.)
September 15, 2026
Neetu
Digitally signed by :-
NEETU SINGH
High Court of Judicature at Allahabad
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