Allahabad High Court
SMT SAPNA KUMARIversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The High Court declined to order an expedited decision, noting the absence of exceptional circumstances, and only directed the trial court to avoid unnecessary adjournments.
Summary
The applicant, wife of the accused, filed an application under Section 529 of the Criminal Procedure Code seeking a direction to the trial court to decide the pending dowry‑prohibition case (State v. Diamond Kumar) expeditiously, alleging that the accused were not appearing despite issuance of process. The learned Additional Government Advocate raised no objection. The High Court observed that the trial court had taken cognizance on 6‑Feb‑2026 and had taken steps to obtain a police service report, showing no reluctance on its part. However, the Court held that, absent any exceptional circumstances, it could not compel the trial court to render a judgment within a stipulated period given the large pending docket. The Court therefore disposed of the application, merely urging the trial court to avoid unnecessary adjournments and proceed in accordance with law.
Issues considered
- Whether the High Court can direct a trial court to decide a criminal case within a stipulated period under Section 529 CrPC.
- Whether exceptional circumstances exist that justify such a direction in the present case.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 529
- Dowry Prohibition Act, 1961 — s. 3, 4
- Indian Penal Code — s. 115(2), 351(3), 352, 85
Subjects
- Section 529 CrPC
- expeditious trial
- adjournments
- Dowry Prohibition Act
- criminal procedure
- high court application
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 4875 of 2026
Smt Sapna Kumari
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Ch. Dil Nisar, Viresh Kumar Yadav
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 Case No. 1503 of 2026 (State Vs.
Diamond Kumar) arising out of Case Crime No. 249 of 2025, under Sections
85, 115(2), 351(3), 352 BNS and Section 3/4 Dowry Prohibition Act, Police
Station Bhatni, District Deoria.
It is submitted by learned counsel for the applicant that in this case, applicant
is informant and wife of opposite party no. 2 who is living separate from him
due to maltreatment and lodged an F.I.R. against the opposite party nos. 2, 3
and 4. Charge sheet was filed by the Investigating Officer and learned trial
court took cognizance of the offence, thereafter process has been issued by
the learned trial court but they are not appearing, 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 cognizance of the offence was taken by the
learned trial court on 6.2.2026. Learned trial court has also directed to the
concerned police officials to send service report and then called explanation
from the Station House Officer which shows no any reluctance or laxity on
NA529 No. 4875 of 2026
2
the part of 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.
However, it is expedient to direct the learned trial court to make its endeavor
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.
September 23, 2026
Anurag Singh
(Subhash Chandra Sharma,J.)
Digitally signed by :-
ANURAG SINGH
High Court of Judicature at Allahabad
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