Allahabad High Court
SANGITAversusSTATE OF U.P.
- Decided
Holding
The Court declined to impose a fixed timeline but directed the trial court to proceed expeditiously without unnecessary adjournments.
Summary
The applicant, Sangita, filed an application under Section 529 of the B.N.S.S. seeking a direction to the Additional District and Sessions Judge to conclude the trial in State v. Sangita (S.T. No. 946 of 2021) expeditiously. The trial concerns an alleged murder under Section 302 IPC and has been pending since 2021. The State opposed the prayer, stating that witnesses were being examined and there was no delay attributable to the trial court. The High Court observed that the trial court had issued notices to ensure witness attendance, indicating vigilance, but noted the heavy caseload and lack of exceptional circumstances to impose a fixed timeline. Consequently, the Court directed the trial court to proceed as quickly as possible without unnecessary adjournments, but declined to set a stipulated period for conclusion. The application was therefore disposed of.
Issues considered
- Whether the trial court can be directed to conclude the criminal trial within a stipulated period under Section 529 of the B.N.S.S.
- Whether the circumstances of the case constitute exceptional grounds to impose such a timeline
Legislation cited
- B.N.S.S. — s. 529
Subjects
- expeditious trial
- Section 302 IPC
- criminal procedure
- adjournments
- Section 529 B.N.S.S.
- trial court vigilance
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 4868 of 2026
Sangita
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Manoj Kumar Yadav
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 Additional District and Sessions
Judge-15 Allahabad/Prayagraj to conclude the trial in S.T. No. 946 2021
(State Vs. Sangita), arising out of Case Crime No.374 of 2019, u/s 302 of
IPC P.S. Koraon, District Allahabad, expeditiously within stipulated period.
It is submitted by learned counsel for the applicant that she is accused in the
aforesaid case in which trial is going on from the year 2021 under Section
302 I.P.C. and has not been concluded 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 and contended that the trial
is going on and prosecution witnesses are being examined before the learned
court. There is no any laxity or reluctance on the part of learned trial court.
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 for assuring
attendance of prosecution witnesses the learned trial court has issued N.B.W.
for the witnesses which shows that the learned trial court itself is vigilant
about the proceedings of the case. In view of large number of cases pending
before the learned trial court it cannot be directed to decide the case within a
stipulated period of time unless there are exceptional circumstances those are
lacking in the present case. However, 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 unnecessary or long
NA529 No. 4868 of 2026
2
adjournments to either of the parties whether it is prosecution or the accused,
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
Checking your session…