Allahabad High Court
DEEPAK KUMAR GUPTAversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The High Court declined to order a specific time‑bound decision, finding no exceptional circumstances, but directed the trial court to ensure attendance of the accused and to avoid unnecessary adjournments.
Summary
The applicant, an informant, filed an application under Section 529 of the Criminal Procedure Code seeking a direction to the trial court to decide Criminal Case No. 18163 of 2025 (pertaining to offences under Sections 316(2) and 318(4) of the CrPC) within a stipulated period. The applicant argued that the case had been pending since 2025 without a decision, while the respondent (State) raised no objection. The High Court observed that the accused were not appearing despite the issuance of process and non‑bailable warrants, and noted the heavy pendency of cases before the trial court. It held that there were no exceptional circumstances warranting a specific time‑bound direction, but directed the trial court to take appropriate measures to ensure the attendance of the accused and to avoid unnecessary adjournments. Consequently, the application was disposed of without granting the relief sought.
Issues considered
- Whether the High Court can compel the trial court to decide a criminal case within a stipulated period in the absence of exceptional circumstances.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 316(2), 318(4), 529
Subjects
- Criminal Procedure
- Section 529
- Trial delay
- Adjournment
- Attendance of accused
- Expeditious trial
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 4870 of 2026
Deepak Kumar Gupta
.....Applicant(s)
Versus
State Of U.P. And 2 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Piyush Patel, Pradeep Kumar
Counsel for Opposite Party(s) : G.A.
Court No. - 78
HON'BLE SUBHASH CHANDRA SHARMA, J.
Heard learned counsel for the applicant, learned A.G.A. and perused
material on record.
The present application has been filed by the applicant with prayer to direct
the learned trial court to decide the Criminal Case No. 18163 of 2025 arising
out of Case Crime No. 60 of 2025, under Sections 316(2), 318(4) BNS
Police Station Ghughali, District Maharajganj.
It is submitted by learned counsel for the applicant that in this case, applicant
is informant in the present case that 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 with the case expeditiously and
decide it within the stipulated period of time.
Learned A.G.A. has no objection in this regard.
Considering the facts and circumstances of the case and submission made by
learned counsel for applicant as well as learned A.G.A. and perusal of record
and order sheet, it appears that accused persons are not appearing before the
learned trial court though process is being issued even NBW has also been
issued by the learned trial court. In view of large number of cases pending
before the learned trial court, a particular case cannot be directed to be
decided within stipulated period of time unless there are exceptional
circumstances those are lacking in the present case.
NA529 No. 4870 of 2026
2
However, it is expedient to direct the learned trial court to make its endeavor
to adopt appropriate measure as permitted under the law for ensuring the
attendance of accused persons and then to proceed with the case in
accordance with law, without granting any unnecessary or long
adjournments to either of the parties, if there is no other legal impediment.
Accordingly, the present application is disposed of, finally.
(Subhash Chandra Sharma,J.)
September 23, 2026
Anurag Singh
Digitally signed by :-
ANURAG SINGH
High Court of Judicature at Allahabad
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