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Allahabad High Court

SMT BABLIversusSTATE OF UP

Decided

Holding

The application is disposed with a direction to the Additional Sessions Judge to decide the pending trial expeditiously, without unnecessary adjournments.

Summary

The applicant, Smt Babli, filed an application under Section 529 of the Bhartiya Nagrik Suraksha Sanhita, 2023, seeking a direction to the Additional Sessions Judge, Mathura, to decide Session Trial No. 275 of 2026, which has been pending since 2026, within a stipulated period. The application did not contest the merits of the underlying criminal case, which involves offences under Sections 126(2), 115(2), 352, 351(2), 76, 110 and 117(2) of the B.N.S. The High Court noted the undue delay and ordered the trial court to dispose of the case as expeditiously as possible, without unnecessary adjournments, provided no other legal impediment exists. No substantive merits of the criminal charges were addressed. The court finally disposed of the application with the said direction.

Issues considered

  • Whether the High Court can issue a direction under Section 529 of the Bhartiya Nagrik Suraksha Sanhita, 2023, to compel a speedy disposal of a pending session trial.

Legislation cited

Subjects

  • delay in criminal trial
  • section 529
  • expeditious disposal
  • Bhartiya Nagrik Suraksha Sanhita
  • adjournment
  • session trial

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                APPLICATION U/S 529 BNSS No. - 4673 of 2026

                                    Smt Babli
                                                                                                   .....Applicant(s)
                                                                        Versus
                                    State of U.P.
                                                                                                      .....Opposite
                                                                                                            Party(s)

                                    Counsel for Applicant(s)          : Ashish Tiwari, Ranjeet Kumar Mishra
                                    Counsel for Opposite Party(s)     : G.A.

                                    Court No. - 77
                                                    HON'BLE SANJAY KUMAR PACHORI, J.

                                    Heard Shri Ranjeet Kumar Mishra, learned counsel for the applicant, Shri
                                    A.K. Rai, learned A.G.A. for the State and perused material on record.

                                    The present application under Section 529 of Bhartiya Nagrik Suraksha
                                    Sanhita, 2023 has been filed by the applicant with a prayer to issue a
                                    direction to the Additional Sessions Judge/FTC-I, Mathura, to decide the
                                    Session Trial No.275 of 2026, arising out of Case Crime No.624 of 2026,
                                    under Sections 126(2), 115(2), 352, 351(2), 76, 110, 117(2) of B.N.S., Police
                                    Station Kosikalan, District Mathura, within stipulated period.

                                    Considering the fact that the case is pending since 2026 without expressing
                                    any opinion on the merits of the case, this application is finally disposed of
                                    with a direction to the Additional Sessions Judge/FTC-I, Mathura to decide
                                    the aforesaid case in accordance with law, as expeditiously as possible,
                                    without granting any unnecessary or long adjournments to either of the
                                    parties, if there is no other legal impediment.

                                    With the aforesaid directions, the application stands disposed of finally.

                                    September 16, 2026
                                    KJ
                                                                                     (Sanjay Kumar Pachori,J.)




Digitally signed by :-
KAMARJAHAN ANSARI
High Court of Judicature at Allahabad


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