Allahabad High Court

RASHIDversusSTATE OF U.P. AND 3 OTHERS

Decided: 16 September 2026
Bench: SANJAY KUMAR PACHORI

Holding

The High Court directed the Chief Judicial Magistrate to decide the pending criminal case expeditiously and to avoid unnecessary adjournments.

Summary

The applicant filed an application under Section 529 of the Criminal Procedure Code seeking a direction to the Chief Judicial Magistrate, Baghpat, to dispose of Criminal No. 2458 of 2026, which had been pending since 2026 without any substantive hearing. The case involved offences under IPC sections 333, 115(2), 352 and 351(2). The High Court observed that the prolonged delay was unwarranted and, without delving into the merits, ordered the lower court to decide the matter expeditiously and to refrain from granting unnecessary adjournments. The direction was issued to ensure compliance with the statutory mandate for timely trial. Consequently, the application was disposed of with the said direction.

Issues considered

Whether the High Court can, under Section 529 Cr.P.C., direct a Chief Judicial Magistrate to expedite the trial of a pending criminal case.
Whether unnecessary adjournments can be curtailed to ensure speedy disposal of the case.

Legislation cited

Code of Criminal Procedure, 1973 — s. 115(2), 529
Indian Penal Code — s. 333, 351(2), 352

Subjects

Section 529
expedited trial
adjournment
Criminal Procedure Code
Allahabad High Court
delay in criminal proceedings

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                APPLICATION U/S 529 BNSS No. - 4732 of 2026

                                    Rashid
                                                                                                   .....Applicant(s)
                                                                        Versus
                                    State Of U.P. And 3 Others
                                                                                                      .....Opposite
                                                                                                            Party(s)

                                    Counsel for Applicant(s)      : Mahendra Pratap Singh, Pawan Kumar
                                                                    Mishra
                                    Counsel for Opposite Party(s) : G.A.

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

                                    Heard Sri Sandeep Kumar Advocate holding brief of Sri Mahendra Pratap
                                    Singh, learned counsel for the applicant and Sri Karunakar Singh, 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,
                                    Baghpat to decide the Criminal No. 2458 of 2026 arising out Case Crime
                                    No. 26 of 2026, under Sections 333, 115(2), 352, 351(2) of B.N.S. Police
                                    Station Baghpat, District Baghpat within stipulated period.

                                    Considering the fact that the case has remained pending since 2026, without
                                    expressing any opinion on the merits of the case, this application is finally
                                    disposed of with a direction to the court below to decide the aforesaid case in
                                    accordance with law, as expeditiously, 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 17, 2026
                                    Ishan
                                                                                     (Sanjay Kumar Pachori,J.)




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

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