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Allahabad High Court

RAMESH KUMARversusSTATE OF UP AND ANOTHER

Decided

Holding

The Court held that, lacking exceptional circumstances, it could not impose a fixed timeline but could direct the trial court to secure prosecution witness attendance and refrain from unnecessary adjournments.

Summary

The applicant, Ramesh Kumar, filed an application under Section 529 of the BNSS seeking a direction to the Chief Judicial Magistrate, Jhansi, to decide his criminal case (Criminal Case No. 794 of 2018) within a stipulated period, alleging that no prosecution witness had been examined since the charge was framed in 2019. The State opposed the prayer. The High Court observed that the case has been pending since 2019 and, while the prosecution has not produced witnesses, there are no exceptional circumstances warranting a fixed timeline. Consequently, the Court directed the trial court to ensure attendance of prosecution witnesses and to avoid unnecessary adjournments, but declined to impose a specific time‑bound deadline. The application was thereafter disposed of.

Issues considered

  • Whether the trial court can be directed to decide the criminal case within a stipulated period in the absence of exceptional circumstances.
  • Whether the prosecution’s failure to produce witnesses justifies a mandatory timeline for trial completion.

Legislation cited

Subjects

  • criminal trial
  • adjournment
  • prosecution witnesses
  • section 529
  • BNSS
  • expeditious trial
  • court direction

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD

            APPLICATION U/S 529 BNSS No. - 4647 of 2026

Ramesh Kumar
                                                               .....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 Chief Judicial Magistrate, Jhansi to
decide the Criminal Case No. 794 of 2018 (State Vs. Ramesh Kumar and
others) arising out of Case Crime No. 309 of 2015 under Section 419, 420,
467, 468, 471 I.P.C., at Police Station Sipri Bazar District Jhansi, pending
before the Court of Chief Judicial Magistrate, Jhansi, within stipulated of
time.

It is submitted by learned counsel for the applicant that he is accused in the
aforesaid case that is pending before the learned trial court from the year
2018 and till now even a single prosecution witness has not been examined
though charge was framed in the year 2019, 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 this case is pending from
the year 2019 and charge was also framed against the accused in the year
2019 and case was fixed for prosecution evidence but witnesses are not
being presented by the prosecution itself and the applicant is facing the trial.
                                                                                             NA529 No. 4647 of 2026
                                                                    2


                                    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 by adopting appropriate measure
                                    prescribed under the law for ensuring attendance of the prosecution
                                    witnesses and then to decide it finally, in accordance with law, 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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