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Allahabad High Court

ERIC HENRY GREEN VILE VAZversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The court held that, as the applicant chose not to press the application, it could not be entertained and was dismissed.

Summary

The applicant filed an application under Section 529 of the Criminal Procedure Code seeking a direction to the Chief Judicial Magistrate, Jaunpur, to decide Criminal Case No. 1701 of 2022 (arising out of Crime No. 292 of 2022 under Section 406 IPC) within the stipulated period. The applicant’s counsel later expressed that he did not wish to press the application and wanted liberty to file a suitable proceeding before a competent court. The court noted the applicant’s request for liberty and ordered that a certified copy of the order be returned to counsel. Since the application was not pressed, the court dismissed it. The dismissal was recorded on 17 September 2026 by Justice Sanjay Kumar Pachori.

Issues considered

  • Whether the High Court should issue a direction under Section 529 CrPC to compel the Chief Judicial Magistrate to decide the pending criminal case within the prescribed time

Legislation cited

Subjects

  • Section 529 CrPC
  • delay in trial
  • application withdrawn
  • criminal procedure
  • judicial discretion

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                APPLICATION U/S 529 BNSS No. - 4730 of 2026

                                    Eric Henry Green Vile Vaz
                                                                                                  .....Applicant(s)
                                                                       Versus
                                    State of U.P. and Another
                                                                                                     .....Opposite
                                                                                                           Party(s)

                                    Counsel for Applicant(s)      : Anand Singh Yadav, Mantosh Singh,
                                                                    Shubhendra Singh
                                    Counsel for Opposite Party(s) : G.A.

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

                                    Heard Sri Mantosh Singh, learned counsel for the applicant and Sri
                                    Abhishek Kumar, learned A.G.A. for the State and perused material on
                                    record.

                                    The present application under Section 529 Cr.P.C. has been filed by the
                                    applicant with a prayer to issue a direction to the Chief Judicial Magistrate,
                                    Jaunpur to decide the Criminal Case No. 1701 of 2022 arising out of Case
                                    Crime No. 292 of 2022, under Section 406 of I.P.C. Police Station Kotwali,
                                    District Jaunpur within stipulated period.

                                    After some arguments, learned counsel for the applicant does not want to
                                    press this application and wants liberty to file an appropriate application/
                                    proceedings before the court of competent jurisdiction.

                                    Certified copy of the order may be returned to the learned counsel for the
                                    applicant after retaining a xerox thereof.

                                    In view of the above, the application is dismissed as not pressed with the
                                    aforesaid liberty.

                                    September 17, 2026
                                    Ishan
                                                                                    (Sanjay Kumar Pachori,J.)




Digitally signed by :-
ISHAN JAISWAL
High Court of Judicature at Allahabad


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