Allahabad High Court
SHOBHA MISHRAversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The High Court ordered the trial court to conclude the pending criminal trial expeditiously and to avoid unnecessary adjournments.
Summary
The applicant, Shobha Mishra, filed an application under Section 529 of the Code of Criminal Procedure seeking a direction to the Additional Sessions Judge, FTC Court No. 41, Kanpur Nagar, to conclude the pending trial of State v. Rajat Soni (Session Trial No. 293 of 2024) which involves offences under Sections 406, 506, 354Kha and 376 of the Indian Penal Code. The trial had been ongoing since 2024 and the applicant alleged undue delay. The learned court examined whether it could issue a direction for an expeditious trial under Section 529 CrPC without delving into the merits of the case. Finding that the matter was indeed pending and that no legal impediment was apparent, the court ordered the trial court to decide the case promptly and to refrain from granting unnecessary adjournments. No substantive merits of the criminal charges were addressed. The application was consequently disposed with the said direction.
Issues considered
- Whether the High Court can, under Section 529 CrPC, direct a lower trial court to conclude a pending criminal trial expeditiously
- Whether any legal impediment exists that would preclude such a direction
Legislation cited
- Code of Criminal Procedure, 1973 — s. 529
- Indian Penal Code — s. 354Kha, 376, 406, 506
Subjects
- Section 529 CrPC
- expeditious trial
- adjournment
- criminal procedure
- pending trial
- Indian Penal Code
- court direction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 4514 of 2026
Shobha Mishra
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Deepak Singh, Diksha Duggal
Counsel for Opposite Party(s) : G.A.
Court No. - 77
HON'BLE SANJAY KUMAR PACHORI, J.
Heard Sri Deepak Singh, learned counsel for the applicant and Sri
Ashwani Kumar Rai, learned AGA 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 Sessions Judge/F.T.C. Court
No. 41, Kanpur Nagar to conclude the trial of Session Trial No. 293 of
2024 (State Vs. Rajat Soni) arising out of Case Crime No. 247 of 2022,
under Sections 406, 506, 354Kha, 376 of IPC, Police Station Barra,
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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