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Allahabad High Court

GAUTAM VISHWAKARMAversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The court directed the concerned court to decide the pending criminal case as expeditiously as possible, preferably within three months, without granting unnecessary adjournments.

Summary

The applicant, Gautam Vishwakarma, filed an application under Section 529 of the BNSS seeking a direction for an early decision in Criminal Case No. 74 of 2025, which arose from a 2019 domestic violence matter under Section 12 of the Domestic Violence Act. The case was pending before the Civil Judge (J.D.)/FTC Court No.2 in Ghazipur, and despite a prior order dated 11 March 2026 directing both parties to appear, the opposite party failed to appear even after a revised call. The applicant argued that the restoration application had been pending since 2025, causing undue delay. The court, without addressing the merits, disposed of the application and directed the concerned court to decide the matter expeditiously, preferably within three months of receiving a certified copy of the order, and to avoid unnecessary adjournments. The order was signed by Justice Jai Prakash Tiwari on 20 April 2026.

Issues considered

  • Whether the court should issue a direction for an expedited disposal of the pending criminal case under Section 529 BNSS.

Legislation cited

Subjects

  • Criminal Procedure
  • Speedy Trial
  • Section 529
  • Domestic Violence Act
  • Adjournments

Judgment

    HIGH COURT OF JUDICATURE AT ALLAHABAD
          APPLICATION U/S 529 BNSS No. - 975 of 2025

Gautam Vishwakarma
                                                 .....Applicant(s)
                               Versus

State of U.P. and Another
                                                     .....Opposite
                                                           Party(s)

Counsel for Applicant(s)      : Raj Kumar Pandey, Ram
                                Kumar Pal
Counsel for Opposite Party(s) : Anil Kumar, G.A., Mukul
                                Yadav, Rajesh Yadav

Court No. - 84
            HON'BLE JAI PRAKASH TIWARI, J.

1. Heard learned counsel for the applicant and learned A.G.A for
the State as also perused the record. None is present on behalf of
the opposite party even in the revised call.

2. This application under Section 529 BNSS has been filed
seeking direction to the court concerned for early decision of
Criminal Case No.74 of 2025 arising out of Case No. 453 of
2019, under Section- 12 of D.V. Act Police Station- Karanda,
District- Ghazipur, pending before the learned Civil Judge
(J.D.)/FTC Court No.2, Ghazipur.

3. Learned counsel for the applicant submits that vide order dated
11.03.2026, passed by this Court, the parties were directed to
appear before the Court but even after revised call, none is
present on behalf of the opposite party no.2. It is further
submitted that the restoration application has pending since 2025
and considerable time has already been lapsed.

4. Considering the facts and circumstances of the case and
without expressing any opinion on the merits of the case, this
application is finally disposed of with a direction to the court
concerned to decide the aforesaid application/case in accordance
with law, as expeditiously as possible, without granting any
                                                                                             NA529 No. 975 of 2025
                                                                   2


                                        unnecessary or long adjournments to either of the parties,
                                        preferably within a period of three months from the date of
                                        presentation of a certified copy of this order, if there is no other
                                        legal impediment.

                                        April 20, 2026
                                        S.K.

                                                                                  (Jai Prakash Tiwari,J.)




Digitally signed by :-
SWEETY KANOJIA
High Court of Judicature at Allahabad


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