Allahabad High Court
HARI OM MISHRAversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The application under Section 529 CrPC is dismissed, with the trial court merely urged to decide the case expeditiously.
Summary
The applicant, Hari Om Mishra, filed an application under Section 529 of the Criminal Procedure Code seeking a direction to the Additional Chief Judicial Magistrate, Third, Gorakhpur, to conclude the trial in Crime No.19 of 2025 (State vs. Krishna Mohan Mishra & others) which had been pending since 2025. The applicant argued that the trial had been unduly delayed and requested the High Court to order a final decision within the stipulated period. The State, represented by the learned Additional Government Advocate, raised no objection to the prayer. The High Court examined the record and observed that the trial court had taken cognizance on 08‑07‑2025 and had issued process, finding no evidence of laxity or reluctance on the part of the trial court. Consequently, the Court declined to issue a mandatory direction but urged the trial court to endeavour to decide the case as expeditiously as possible without unnecessary adjournments. The application was therefore disposed of.
Issues considered
- Whether the High Court can direct a lower trial court to decide a pending criminal case within a stipulated time under Section 529 CrPC.
- Whether there is any lapse or reluctance by the trial court justifying such a direction.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 529
Subjects
- Section 529
- expeditious trial
- adjournment
- criminal procedure
- high court direction
- trial court
- application
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 4819 of 2026
Hari Om Mishra
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Anil Pratap 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 has been filed with prayer to direct the learned court
of Additional Chief Judicial Magistrate, Third, Gorakhpur to conclude and
decide the trial in case Crime No.19 of 2025 (State Vs. Krishna Mohan
Mishra & others) under section 115(2), 352, 351(3), 332, 117 (2), 110
B.N.S. (Correspondence Section 323, 504, 506, 451, 325 & 308 I.P.C.)
Police Station Campiarganj, District Gorakhpur, pending before him within
stipulated period of time.
It is submitted by learned counsel for the applicant that in this case he is
informant and case is pending before the learned trial court from the year
2025 and has not been decided till now, therefore, request to direct the
learned trial court to proceed in the case and decide it as expeditiously as
possible within stipulated time period.
Learned A.G.A. has no objection in this regard.
Considering the facts and circumstances of the case, submissions made by
learned counsel for the applicant as well as learned A.G.A., perusal of record
and the order sheet, it appears that cognizance of the offence was taken by
the learned court on 08.07.2025 and then process was issued for appearance
of the accused persons. There is no any laxity or reluctance on the part of the
learned trial court, therefore, at this stage no any such direction can be issued
by this Court. However, it is expedient to direct the learned trial court to
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2
make its endeavour to decide the case finally as expeditiously as possible in
accordance with law, without granting any unnecessary adjournment to
either of the parties, if there is no legal impediment.
Accordingly, this application is disposed of.
September 30, 2026
Ashok Gupta
(Subhash Chandra Sharma,J.)
Digitally signed by :-
ASHOK KUMAR GUPTA
High Court of Judicature at Allahabad
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