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Allahabad High Court

MONTI AND 2 OTHERSversusSTATE OF U.P.

Decided

Holding

The court held that the pending criminal case must be decided expeditiously without unnecessary adjournments.

Summary

The applicants filed an application under Section 529 of the Criminal Procedure Code seeking a direction to the Additional Chief Judicial Magistrate, Hapur, to decide a pending criminal case (Case No. 833 of 2024) involving offences under Sections 323, 504, 506 and 325 of the Indian Penal Code. The lower court had not taken any decision on the merits since 2024, resulting in an undue delay. The High Court examined the material on record and noted the prolonged pendency without any substantive hearing. It directed the magistrate to dispose of the case expeditiously, prohibiting unnecessary or long adjournments, provided no other legal impediment exists. Consequently, the application was disposed of with the said direction.

Issues considered

  • Whether the Additional Chief Judicial Magistrate should be directed to decide the pending criminal case within a stipulated period to avoid undue delay?

Legislation cited

Subjects

  • criminal procedure
  • section 529
  • delay
  • adjournment
  • expeditious trial
  • IPC offences

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                APPLICATION U/S 529 BNSS No. - 4763 of 2026

                                    Monti And 2 Others
                                                                                                   .....Applicant(s)
                                                                        Versus
                                    State of U.P.
                                                                                                      .....Opposite
                                                                                                            Party(s)

                                    Counsel for Applicant(s)      : Brijesh Kumar Gautam, Shiv Vilas
                                                                    Mishra
                                    Counsel for Opposite Party(s) : G.A.

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

                                    Heard Sri Shiv Vilas Mishra, learned counsel for the applicants and Sri Alok
                                    Mishra, 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 Additional Chief Judicial
                                    Magistrate, Hapur to decide the Case No. 833 of 2024 under Sections 323,
                                    504, 506, 325 of I.P.C. Police Station Hapur Dehat, District Hapur within
                                    stipulated period.

                                    Considering the fact that the case has remained pending since 2024, 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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