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Allahabad High Court

VINAY YADAV @ VINAY KUMARversusSTATE OF U.P. AND 4 OTHERS

Decided

Holding

The High Court directed the trial court to decide the pending Section 319 application within 60 days and disposed of the Section 529 application.

Summary

The applicant, Vinay Yadav, filed an application under Section 529 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) seeking a direction to the Additional Sessions Judge, Prayagraj, to decide a pending application dated 12 June 2025 filed under Section 319 Cr.P.C./358 BNSS in the criminal case State v. Jai Prakash (IPC sections 498‑A, 304‑B and Dowry Prohibition Act). The applicant, acting as informant, argued that the Section 319 application had remained undecided and required expeditious disposal. The State opposed the prayer. The High Court examined the record and found the pending application still unresolved, and therefore directed the trial court to decide it within 60 days of the order, without unnecessary adjournments. Consequently, the Section 529 application was disposed of.

Issues considered

  • Whether the High Court can direct the trial court to decide a pending application under Section 319 Cr.P.C./358 BNSS within a stipulated time.

Legislation cited

Subjects

  • Criminal Procedure
  • Section 319 Cr.P.C.
  • Section 529 BNSS
  • Pending application
  • Expeditious disposal
  • Dowry death
  • Adjournment

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD

            APPLICATION U/S 529 BNSS No. - 4813 of 2026

Vinay Yadav @ Vinay Kumar
                                                              .....Applicant(s)
                                   Versus
State Of U.P. And 4 Others
                                                                 .....Opposite
                                                                       Party(s)

Counsel for Applicant(s)                    :   Sanjay Kumar Singh
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 prayer to allow
the present application by directing the learned Additional Sessions Judge,
Court No.1, Prayagraj to decide the application dated 12.06.2025 Under
Section 319 Cr.P.C./358 of the Bharatiya Nagarik Suraksha Sanhita, 2023,
being Paper No.15क filed by the applicant in S.T. No. 1865 of 2023 (State
Vs. Jai Prakash) arising out of Case Crime No. 205 of 2023, Under Section
498-A, 304-B of the Indian Penal Code, 1860 and Section 3/4 of the Dowry
Prohibition Act, 1961, Police Station Phoolpur, District Prayagraj, pending
before the Additional Sessions Judge, Court No.1, Prayagraj within some
stipulated period.

It is submitted by learned counsel for the applicant that in this case the
applicant is informant and moved an application under Section 319 Cr.P.C.
before the learned trial court that is pending before the learned court
concerned and has not been decided till now, therefore, request to direct the
learned trial court to decide the aforesaid application expeditiously within a
stipulated period of time.

Learned A.G.A. opposed the prayer as aforesaid.

Considering the facts and circumstances of the case and submissions made
by learned counsel for applicant as well as learned A.G.A. and perusal of
record, the order sheet, it appears that an application under Section 319
                                                                                               NA529 No. 4813 of 2026
                                                                      2


                                    Cr.P.C. moved on 12.06.2025 is still pending and has not been decided by
                                    the learned court, therefore, it is expedient to direct the learned trial court to
                                    make its endeavor to decide the application dated 12.06.2025 under Section
                                    319 Cr.P.C. within a period of 60 days from the date of production of
                                    certified copy of this order as expeditiously as possible without granting any
                                    unnecessary or long adjournments to either of the parties, in accordance with
                                    law, if there is no other legal impediment.

                                    With the aforesaid directions, the present application under Section 529
                                    B.N.S.S. stands disposed of finally.

                                    September 30, 2026
                                    Suraj Srivastav
                                                                                   (Subhash Chandra Sharma,J.)




Digitally signed by :-
SURAJ SRIVASTAVA
High Court of Judicature at Allahabad


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