Allahabad High Court
NASIM AHMEDversusSTATE OF U.P. AND 4 OTHERS
- Decided
Holding
The court directed the trial court to complete the pending trial within one year and disposed of the application under Section 529 B.N.S.S.
Summary
The applicant, Nasim Ahmed, filed an application under Section 529 of the B.N.S.S. seeking a direction to the trial court to conclude the pending Session Trial No. 408 of 2019 (State vs. Abdul Mazid and others), which involves offences under Sections 498A, 304‑B IPC and Sections 3 and 4 of the Domestic Violence Act. The applicant, being an informant, argued that the trial has been pending since 2019 with only six prosecution witnesses examined and requested a one‑year deadline for final disposal. The State opposed the prayer. The High Court observed that there was no evident laxity by the trial court but, given the long pendency, directed the trial court to expedite the proceedings and decide the case within one year of the certified copy of the order, without unnecessary adjournments. The application under Section 529 was consequently disposed of.
Issues considered
- Whether the trial court should be directed, under Section 529 of the B.N.S.S., to expedite the pending criminal trial and dispose of it within a specified time‑frame.
- Whether any lapse or reluctance on the part of the trial court justifies such a direction.
Legislation cited
- B.N.S.S. — s. 529
- Indian Penal Code — s. 304-B, 498A
- Protection of Women from Domestic Violence Act, 2005 — s. 3, 4
Subjects
- case management
- adjournment
- Section 529
- B.N.S.S.
- expedited trial
- IPC 498A
- IPC 304-B
- Domestic Violence Act
- trial delay
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 4726 of 2026
Nasim Ahmed
.....Applicant(s)
Versus
State Of U.P. And 4 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Chandra Kumar Rai
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 u/s 529 B.N.S.S. has been filed with a prayer to
allow this application and direct the learned trial court to decide the Session
Trial No. 408 of 2019 (State Vs. Abdul Mazid and others), arising out of
Case Crime No. 174 of 2019, under Sections 498A, 304-B I.P.C and section
3/4 D.P. Act, Police Station: Maharajganj, District: Azamgarh, pending in
the Court of Additional District & Session Judge/F.T.C.-2, Azamgarh,
within stipulated period.
It is submitted by learned counsel for the applicant that he is informant in the
aforesaid case and trial is still pending before the learned trial court and it
has not been decided. He further submits that till now six prosecution
witnesses have been examined before the learned court, therefore, request to
direct the learned trial court to proceed with the case and decide it finally
within stipulated time period.
Learned A.G.A. opposed the prayer as aforesaid.
Considering the facts and circumstances of the case, submissions made by
learned counsel for the applicant as well as learned A.G.A., perusal of
record, the order sheet of the case, it appears that this case is pending from
the year 2019 and six prosecution witnesses have been examined till now.
There appears no any laxity or reluctance on the part of learned trial court in
NA529 No. 4726 of 2026
2
proceeding with the case. However, in view of pendency of this case from
the year 2019, it is expedient to direct the learned trial court to make its
endeavour to proceed with the case as expeditiously as possible and to
decide it within a period of one year from the date of production of certified
copy of this order, in accordance with law, without granting any unnecessary
or long adjournments to either of the parties, if there is no other legal
impediment.
Accordingly, this application u/s 529 B.N.S.S. is disposed of.
September 23, 2026
Suraj Srivastav
(Subhash Chandra Sharma,J.)
Digitally signed by :-
SURAJ SRIVASTAVA
High Court of Judicature at Allahabad
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