Allahabad High Court
ANAND YADAVversusSTATE OF U.P. AND ANOTHER
- Decided
Holding
The Court directed the trial court to proceed expeditiously but did not impose a fixed time‑limit, as no exceptional circumstances were present.
Summary
Anand Yadav, the accused in State v. Anand Yadav (Case No. 156 of 2023), filed an application under Section 529 of the BNSS Act seeking a direction to the Additional District and Sessions Judge/Special Judge (POCSO) at Orai to expedite the trial, which involves charges under Section 377 IPC, Sections 3 and 4 of the POCSO Act, and Section 3(2)(v) of the SC/ST Act. The High Court noted that the trial court had already framed charges and was awaiting prosecution evidence, but there were no exceptional circumstances warranting a fixed time‑frame for disposal. Consequently, the Court declined to impose a stipulated period but directed the trial court to proceed as expeditiously as possible, avoiding unnecessary adjournments. The application was therefore disposed of without granting the specific time‑bound direction sought.
Issues considered
- Whether the High Court can compel a trial court to decide a criminal case within a stipulated period under Section 529 of the BNSS Act.
Legislation cited
- BNSS Act — s. 529
- Indian Penal Code — s. 377
- Protection of Children from Sexual Offences Act, 2012 — s. 3, 4
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(2)(v)
Subjects
- expeditious trial
- Section 529
- POCSO Act
- adjournments
- criminal procedure
- high court direction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 4646 of 2026
Anand Yadav
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Hinchh Lal Pandey
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 Additional District and Sessions
Judge/ Special Judge (POCSO Act), Jalaun at Orai to expedite the Case No.
156 of 2023 (State Vs. Anand Yadav), against the applicant, in Case Crime
No. 298 of 2023, Under Section 377 I.P.C. and read with section 3/4 POCSO
Act and section 3(2)(v) of S.C./S.T. Act, Police Station Kotwali Kalpi,
District Jalaun, within stipulated period, is pending before the learned
Additional District and Sessions Judge/ Special Judge (POCSO Act), Jalaun
at Orai,, expeditiously.
It is submitted by learned counsel for the applicant that he is accused in the
aforesaid case which was pending before the learned trial court from the year
2023 but it has not been decided till now, therefore, request to direct the
learned trial court to proceed with the case and 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 after framing of charge
case was fixed for prosecution evidence and it is still pending for this
purpose. 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
NA529 No. 4646 of 2026
2
possible, in accordance with law, without granting any unnecessary or long
adjournments to either of the parties whether it is the 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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