Created by Fuzzy Cloud

Allahabad High Court

NEERAJ KUMAR DUBEYversusSTATE OF U.P. AND 5 OTHERS

Decided

Holding

The application under Section 529 BNSS is disposed of, with a direction to file status of pending applications and for the trial court to proceed without undue adjournments.

Summary

Neeraj Kumar Dubey, an informant, filed an application under Section 529 of the BNSS Act seeking a direction to the Civil Judge (J.D) FTC CAW, Bhadohi, to expedite the trial of criminal case No. 2249/2015 (crime No. 207/2015) involving offences under Sections 498A, 323, 504, 506, 406, 354, 316 IPC and Sections 3/4 of the D.P. Act. The trial had been stalled since 2015 because applications under Section 482 CrPC and a transfer petition were pending before the High Court and the Supreme Court, and no status reports had been filed. The State opposed the prayer, noting the pending applications. The High Court observed that the pending applications were the reason for the delay and directed the applicant to approach the trial court with the current status of those applications, after which the trial court should proceed without unnecessary adjournments. The application under Section 529 was consequently disposed of without granting any relief.

Issues considered

  • Whether the High Court can direct the trial court to proceed with the trial despite pending applications under Section 482 CrPC and a transfer petition.
  • Whether relief under Section 529 of the BNSS Act can be granted to expedite the pending criminal trial.

Legislation cited

Subjects

  • criminal trial
  • pending case
  • Section 482 CrPC
  • adjournment
  • Section 529 BNSS
  • high court direction
  • status report

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD

            APPLICATION U/S 529 BNSS No. - 4864 of 2026

Neeraj Kumar Dubey
                                                               .....Applicant(s)
                                    Versus
State Of U.P. And 5 Others
                                                                   .....Opposite
                                                                         Party(s)

Counsel for Applicant(s)                 :   Siddhartha Kumar Mishra
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 Civil Judge (J.D) FTC CAW,
Bhadohi, to conclude the proceedings in case No. 2249/2015, arising out of
criminal case crime no. 207/2015, U/S.498A,323,504,506,406,354,316 IPC,
& 3/4 D.P Act (State vs Abhishek Tiwari and other), Police Station- Aurai,
District-Bhadohi expeditiously within a stipulated period of time.

It is submitted by learned counsel for the applicant that he is informant in the
present case and case is pending from the year 2015, therefore, request to
direct the learned trial court to proceed with the trial and decide the case
expeditiously within a stipulated period of time.

Learned A.G.A. opposed the prayer as aforesaid and contended that an
application under Section 482 Cr.P.C. is pending before this Court regarding
which the learned trial court has directed to file status of the aforesaid case
but it has not been filed either by the accused or by the applicant himself.

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, and the order sheet of the case, it appears that application under
Section 482 Cr.P.C. and transfer application were moved before this High
Court and the Hon'ble Supreme Court regarding which the learned trial court
has called for the status report from the parties but they have not filed before
                                                                                            NA529 No. 4864 of 2026
                                                                    2


                                    the learned court, that is the reason case is still pending though processes
                                    under Section 82, 83 Cr.P.C have also been issued by the learned court but it
                                    could not proceed further on account of pending applications. In the
                                    circumstances of the case, it is expedient to direct the applicant to approach
                                    before the learned trial court and file the current status of the applications
                                    those are pending before this Court and before the Apex Court and then the
                                    learned trial court is to proceed further, in accordance with law, without
                                    granting any 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 23, 2026
                                    Suraj Srivastav
                                                                                (Subhash Chandra Sharma,J.)




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

Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.