Allahabad High Court
GUDIA JAISWALversusSTATE OF U.P.
- Decided
Holding
The trial court must proceed with the pending criminal case expeditiously and avoid unnecessary adjournments, as there is no legal impediment to doing so.
Summary
The applicant, a informant in a criminal matter (State vs. Ravi Jaiswal), filed an application under Section 529 of the B.N.S.S. seeking an order directing the trial court to expedite the hearing of the pending case involving offences under Sections 498A, 323, 504, 506 IPC and the Dowry Prohibition Act. The learned counsel argued that the case has been pending since 2023 without a decision, while the State opposed the prayer. The court observed that cross‑examination of a witness was ongoing and the delay was due to the accused’s non‑appearance, not any legal impediment. Consequently, the court directed the trial court to proceed with the case as quickly as possible, avoiding unnecessary adjournments. The application was thereafter disposed of finally.
Issues considered
- Whether the trial court should be directed to expedite the pending criminal proceedings under Section 529 of the B.N.S.S.
Legislation cited
- B.N.S.S. — s. 529
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 498A, 504, 506
Subjects
- expedited trial
- adjournment
- Section 529
- B.N.S.S.
- criminal procedure
- case management
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 4816 of 2026
Gudia Jaiswal
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Mani Ram Verma, Sudhir Kumar
Agarwal
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 has been filed by the applicant with a prayer to allow
this application and direct the learned trial court to expedite the hearing of
Case No. 19750 of 2024 (State Vs. Ravi Jaiswal and another) arising out of
Case Crime No. 207 of 2023, under Section 498A, 323, 504, 506 IPC and
3/4 Dowry Prohibition Act, Police Station Bhitauli, District Maharajganj,
pending in the Court of Learned Civil Judge (Junior Division), Court No.1,
Maharajganj within the stipulated period.
It is submitted by learned counsel for the applicant that she is informant in
the present case that is pending before the learned trial court from the year
2023 and it has not been decided till now, therefore, request to direct the
learned trial court to proceed with the case and decide the case 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 of the case, it appears that in this case the cross-
examination of P.W. 1 is going and on account of non-appearance of
accused persons it has not been completed. In the circumstances of the case,
it is expedient to direct the learned trial court to proceed with the case, as
expeditiously as possible, in accordance with law, without granting any
NA529 No. 4816 of 2026
2
unnecessary or long adjournments to either of the parties, 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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