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2026 DAILYLAW 8887 (ALL)

AMIT KUMAR PANDEY v. STATE OF U.P. AND 7 OTHERS

NA529/4876/2026 · 2026-09-22

Subhash Chandra Sharma

Criminal Appealbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 529 BNSS No. - 4876 of 2026 Court No. - 78 HON'BLE SUBHASH CHANDRA SHARMA, J. Heard learned counsel for the applicant, learned counsel for opposite parties as well as 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 conclude the case in Session Trial No. 109 of 2026 (State Vs. Gulab Giri and others) arising out of Case Crime No. 44 of 2025, under Sections 318(4), 338, 336(3), 340(2), 61, 352, 351(2) BNS and Section 3(1)Da, 3(1)Dha and 3(2)(va) S.C./S.T. Act, Police Station Audhogik Kshetra, District Prayagraj. It is submitted by learned counsel for the applicant that in this case, applicant is informant in the aforesaid case in which after investigation charge sheet was filed and cognizance was also taken by the learned trial court against the accused persons on 20.1.2026, thereafter process was issued against the accused persons but they are not appearing before the learned trial court. On 30.05.2026 N.B.W. was also issued against Dhirendra and Sanno even though 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 after ensuring the attendance of accused persons. Learned counsel for opposite party as well as learned A.G.A. contended that against the order passed by learned trial court for summoning, has been challenged before this Court in criminal appeal but on account of huge number of cases pending before this Court, it could not be entertained till now that is the reason they are not appearing before the learned trial court. Versus Counsel for Applicant(s) : Sarvendra Dwivedi Counsel for Opposite Party(s) : Aishwarya Goswami, G.A. Amit Kumar Pandey .....Applicant(s) State Of U.P. And 7 Others .....Opposite Party(s) Considering the facts and circumstances of the case and submission made by learned counsel for parties as well as learned A.G.A. and perusal of record and order sheet, it appears that the learned trial court has issued B.W. against some of the accused persons and N.B.W. against Dhirendra and Sanno who were served B.W., it shows that there is no any reluctance or laxity on the part of the learned trial court in proceeding with the case. 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. Since, cognizance of the offence was taken by the learned trial court on 20.01.2026 on the basis of charge sheet filed by Investigating Officer, therefore, at this stage it does not require any such direction for expeditious disposal within stipulated period of time. Accordingly, the present application is disposed of, finally. September 23, 2026 Anurag Singh NA529 No. 4876 of 2026 2 (Subhash Chandra Sharma,J.) Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad