Allahabad High Court
SHIVPYARI DEVIversusSTATE OF U.P. AND 4 OTHERS
- Decided
Holding
The Court declined to fix a stipulated period for the trial but ordered the trial court to proceed expeditiously without unnecessary adjournments.
Summary
The applicant, Shivpyari Devi, filed an application under Section 529 of the B.N.S.S. seeking a direction to the Additional District and Sessions Judge, Auraiya, to expedite the trial of S.C. No.1371 of 2023 (State of U.P. v. Ramraj & others), a murder case under Sections 302 and 201 of the IPC. The applicant, who lodged the FIR, argued that the trial had been pending since 2020 with only four prosecution witnesses examined and requested a fixed time‑frame for conclusion. The State opposed the prayer, contending no exceptional circumstances warranted such a direction. The Court observed that, given the large pendency of cases before the trial court and the absence of any extraordinary factor, it could not impose a stipulated deadline, but it directed the trial court to proceed as expeditiously as possible without unnecessary adjournments. The application was therefore disposed of finally.
Issues considered
- Whether the trial court can be directed under Section 529 B.N.S.S. to conclude the criminal trial within a stipulated period in the absence of exceptional circumstances.
Legislation cited
- B.N.S.S. — s. 529
- Indian Penal Code — s. 201, 302
Subjects
- expedited trial
- criminal procedure
- Section 529 application
- adjournments
- murder case
- Indian Penal Code
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 4624 of 2026
Shivpyari Devi
.....Applicant(s)
Versus
State Of U.P. And 4 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Anand Pati Tiwari
Counsel for Opposite Party(s) : G.A.
Court No. - 78
HON'BLE SUBHASH CHANDRA SHARMA, J.
Learned counsel for the applicant is directed to correct the prayer in the
application in the course of day.
Heard learned counsel for the applicant as well as learned A.G.A. for the
State and perused the material on record.
The present application has been filed by the applicant with a prayer to allow
this application and direct the learned Additional District and Sessions Judge
IInd, Auraiya to expedite the trial of S.C. No.1371 of 2023 (State of U.P. Vs.
Ramraj and others), arising out of Case Crime No.350 of 2020, Under
Section 302, 201 I.P.C., Police Station-Auraiya, District Auraiya, within
stipulated period of time.
It is submitted by learned counsel for the applicant that he is informant and
lodged an F.I.R. in the present case. He further submits that the proceedings
in sessions trial are going on from the year 2020 and charge was also framed
in the same year. Thereafter, case was fixed for prosecution evidence and till
now, four prosecution witnesses have been examined but trial could not be
concluded till now, therefore, requests to direct the learned trial court to
proceed with the case expeditiously and decide it within a stipulated period
of time.
Learned A.G.A. opposed the prayer as aforesaid.
Considering the facts and circumstances of the case and submissions made
by learned counsel for applicant as well as learned A.G.A. and perusal of
record, and the order sheet, it appears that till now four prosecution
NA529 No. 4624 of 2026
2
witnesses have been examined before the learned trial court. In the
circumstances of the case, keeping in view large number of cases pending
before the learned trial court it cannot be directed to decide the case within a
stipulated period of time unless there are exceptional circumstances those are
lacking in the present case. However, it is expedient to direct the learned
trial court to proceed with the case, as expeditiously as possible, in
accordance with law, without granting any unnecessary or long
adjournments to either of the parties whether it is prosecution or the defence,
if there is no other legal impediment.
With the aforesaid directions, the present application under Section 529
B.N.S.S. stands disposed of finally.
September 29, 2026
Suraj Srivastav
(Subhash Chandra Sharma,J.)
Digitally signed by :-
SURAJ SRIVASTAVA
High Court of Judicature at Allahabad
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