Allahabad High Court
AMNAversusSTATE OF U.P. AND 10 OTHERS
- Decided
Holding
The application under Section 529 is dismissed as there are no exceptional circumstances to compel the trial court to decide the cases within a stipulated period.
Summary
The applicant filed an application under Section 529 of the Criminal Procedure Code seeking an order directing the trial court to frame charges and decide two pending criminal cases (Case No. 7200 of 2025 and Case No. 8668 of 2025) within the stipulated period. The applicant, who is an informant, argued that the accused were on bail and that the trial court had repeatedly adjourned the charge‑framing stage. The respondent (State) raised no objection. The court observed that although one accused had been released on bail, the charge‑framing was delayed due to exemption applications and the heavy docket of the trial court, and that no exceptional circumstances existed to warrant a mandatory expedited decision. Consequently, the court directed the trial court to endeavour to secure the attendance of the accused and avoid unnecessary adjournments, but declined to impose a specific time‑frame. The application was therefore disposed of without an order for expedited trial.
Issues considered
- Whether the trial court can be compelled, under Section 529 CrPC, to frame charges and decide the pending cases within a stipulated period in the absence of exceptional circumstances.
- Whether the presence of bail‑released accused and the court’s docket justify directing the trial court to limit adjournments.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 108, 351(2), 529
Subjects
- expeditious trial
- Section 529 CrPC
- charge framing
- bail
- adjournment
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 4723 of 2026
Amna
.....Applicant(s)
Versus
State Of U.P. And 10 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Munna Babu, Naveen Kumar
Counsel for Opposite Party(s) : G.A.
Court No. - 78
HON'BLE SUBHASH CHANDRA SHARMA, J.
Heard learned counsel for the applicant, learned A.G.A. and perused
material on record.
The present application has been filed by the applicant with prayer to direct
the learned trial court to decide the Case No. 7200 of 2025 (State Vs.
Nadeem and others) in Session Trial No. 1387 of 2025 and Case No. 8668 of
2025 in Session Trial No. 484 of 2026 arising out of Case Crime No. 191 of
2025, under Sections 108, 351(2) BNS, Police Station Thana Bhawan,
District Shamli.
It is submitted by learned counsel for the applicant that in this case, he is
informant in the aforesaid case in which after taking cognizance of the
offence, case was committed to the Court of Session but charge could not be
framed till now and dates are being fixed, therefore request to direct the
learned trial court to proceed with the case expeditiously and decide it within
the stipulated period of time.
Learned A.G.A. has no objection in this regard.
Considering the facts and circumstances of the case and submission made by
learned counsel for applicant as well as learned A.G.A. and perusal of record
and order sheet, it appears that in this case, one accused Nadeem was in jail
but now he has enlarged on bail and learned trial court has fixed the date for
framing of charge against accused persons, those are on bail. On account of
exemption application filed on the part of the accused persons, charge could
NA529 No. 4723 of 2026
2
not be framed. In view of large number of cases pending before the learned
trial court, a particular case cannot be directed to be decided within
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 endeavor
to adopt appropriate measure as permitted under the law for ensuring the
attendance of accused persons and to proceed with the case in accordance
with law, without granting any unnecessary or long adjournments to either of
the parties, if there is no other legal impediment.
Accordingly, the present application is disposed of, finally.
(Subhash Chandra Sharma,J.)
September 23, 2026
Anurag Singh
Digitally signed by :-
ANURAG SINGH
High Court of Judicature at Allahabad
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