MONU KUMAR GUPTAversusSTATE OF U.P. AND ANOTHER

          HIGH COURT OF JUDICATURE AT ALLAHABAD

             APPLICATION U/S 529 BNSS No. - 4642 of 2026

Monu Kumar Gupta
                                                                  .....Applicant(s)
                                      Versus
State of U.P. and Another
                                                                      .....Opposite
                                                                            Party(s)

Counsel for Applicant(s)                  :    Dhirendra Kumar Srivastava
Counsel for Opposite Party(s)             :    G.A.

Court No. - 78
             HON'BLE SUBHASH CHANDRA SHARMA, J.

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 Civil Judge (Junior Division)/Judicial
Magistrate Chandauli to decide the Criminal Case No. 9633 of 2024 (State
Vs. Hardeep Singh and others) arising out of Case Crime No. 3 of 2024
under Section 419, 420, 467, 468, 471 I.P.C. read with Section 60/63 Excise
Act, at Police Station Kandawa District Chandauli, pending before the Court
of Civil Judge (Junior Division)/Judicial Magistrate Chandauli, within
stipulated period.

It is submitted by learned counsel for the applicant that he is accused in the
aforesaid case in which charge was framed by the learned trial court on
20.02.2025 and till now only one prosecution witness has been examined
and trial is still pending, therefore, requests to direct the learned trial court to
decide the case expeditiously 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 this case is pending before the
learned trial court from the year 2024 and the learned trial court is
proceeding with the case in accordance with law. There appears no any
reluctance or laxity on the part of learned trial court. In the circumstances of
                                                                                             NA529 No. 4642 of 2026
                                                                    2


                                    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
                                    make its endeavour 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 is 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