Allahabad High Court
AMIT KUMARversusSTATE OF U.P. AND ANOTHER
- Decided
Holding
The Court held that without exceptional circumstances the trial court cannot be compelled to decide the case within a stipulated period, and the application under Section 529 is disposed of.
Summary
The applicant, Amit Kumar, filed an application under Section 529 of the Criminal Procedure Code seeking a direction to the trial court to expedite the trial of case No. 121 of 2023 (Computer No. 28027 of 2023) involving offences under Sections 323, 324 and 504 of the IPC. He argued that he was facing hardship attending court while on duty in Bareilly and that no prosecution witness had been examined despite the trial court issuing bailable warrants. The learned A.G.A. raised no objection. The High Court observed that although the chief examination of the sole prosecution witness had been deferred and no witness had appeared since 14‑May‑2025, there were no exceptional circumstances warranting a mandatory expeditious disposal, especially given the large pending docket. The Court therefore did not order the trial court to decide the case within a stipulated period but directed it to take appropriate measures to secure witness attendance and avoid unnecessary adjournments. The application was disposed of finally.
Issues considered
- Whether, in the absence of exceptional circumstances, a trial court can be directed under Section 529 CrPC to decide a case within a stipulated period?
- Whether the applicant's hardship and the non‑appearance of prosecution witnesses justify an order for expeditious trial?
Legislation cited
- Code of Criminal Procedure, 1973 — s. 529
- Indian Penal Code — s. 323, 324, 504
Subjects
- Section 529 CrPC
- expeditious trial
- adjournment
- witness attendance
- bailable warrant
- IPC offences
- court docket management
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 4874 of 2026
Amit Kumar
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Ashutosh Mishra, Ramesh Kumar
Mishra
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 trial of Computer No. 28027 of 2023
arising out of Case No. 121 of 2023, under Sections 323, 324, 504 IPC,
Police Station Katghar, District Moradabad.
It is submitted by learned counsel for the applicant that in this case, applicant
is accused in the aforesaid case and facing hardship from the year 2023. He
is attending his duty in District Bareilly and require to attend the court
proceeding of every dates. Even a single prosecution witness has not been
examined till now except P.W. 1. Learned trial Court has issued B.W.
against prosecution witnesses but they have not turned up, 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 in this case, the chief examination of P.W. 1
and cross examination has been deferred. Since 14.5.2025 no prosecution
witness has attended the court though the learned trial court has issued B.W.
NA529 No. 4874 of 2026
2
against prosecution witnesses. 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.
However, it is expedient to direct the learned trial court to make its endeavor
to proceed with the case in accordance with law by adopting appropriate
measure as permitted under the law for ensuring the attendance of
prosecution witnesses, 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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