Allahabad High Court
RANJANA PANDEYversusSTATE OF U.P. AND ANOTHER
- Decided
Holding
The Court directed the trial court to decide the pending case within three months and barred unnecessary adjournments.
Summary
The applicant filed an application under Section 529 of the B.N.S.S. seeking a direction to the trial court to decide a pending family court case (Case No. 972 of 2019) filed under Section 340 of the Criminal Procedure Code. The case had been pending since 2019 and, despite multiple dates fixed for ex-parte arguments since April 6, 2024, no decision had been rendered. The learned counsel argued that the prolonged pendency warranted an expeditious disposal. The State opposed the prayer. After considering the submissions and the record, the High Court ordered the trial court to endeavour to conclude the matter within three months of the certified copy of the order, without granting unnecessary adjournments, and disposed of the application under Section 529 B.N.S.S. finally.
Issues considered
- Whether an application under Section 529 B.N.S.S. can be entertained to direct a trial court to decide a pending case under Section 340 Cr.P.C. expeditiously.
- Whether the trial court should be constrained from granting further adjournments in the pending case.
Legislation cited
- B.N.S.S. — s. 529
- Code of Criminal Procedure, 1973 — s. 340
Subjects
- expeditious trial
- adjournment
- Section 340 CrPC
- Section 529 B.N.S.S.
- family court
- pending case
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 4643 of 2026
Ranjana Pandey
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Kamlesh Kumar Tripathi
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 applicants with a prayer to
allow this application and direct the learned trial court to decide the Case
No.972 of 2019, (Ranjana Pandey Vs. Ankur Pandey) under section 340
Cr.P.C. Police Station Jhunsi District Prayagraj pending before Additional
Principal Judge Family Court no.2, Allahabad/ Prayagraj expeditiously
within specific period.
It is submitted by learned counsel for the applicant that he is applicant in
application under Section 340 Cr.P.C. that is pending before the learned
court from the year 2019. He further submits that from the date 06.04.2024
the dates are being fixed for ex-parte argument and till now after hearing the
arguments on the part of applicant though he is ready to present the
arguments case has not been decided till now, therefore, request 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, the order sheet of the case, it appears that this application is pending
from the year 2019 and on 06.04.2024 the dates are fixed for ex-parte
argument and since then so many dates have been fixed for the purpose but
NA529 No. 4643 of 2026
2
case has not been decided till now, therefore, in view of pendency of this
case from long time 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 and to decide it within a period of three months from
the date of production of certified copy of this order, without granting any
unnecessary or long adjournments to either of the parties, 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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