Atul Kumar Gupta Vs State of U.P. Thru. Addl. Chief Secy. Home Lko. and 4 Others — Allahabad HC (2025) — LawSathi Research

Atul Kumar Gupta Vs State of U.P. Thru. Addl. Chief Secy. Home Lko. and 4 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

With the aforesaid directions, the application stood disposed of finally: the trial court was directed to decide S.T. No. 163 of 2021 in accordance with law, preferably within one month of production of the certified copy of the order, without unnecessary or long adjournments, subject to there being no other legal impediment.

Issue for consideration

Whether the Additional District & Session Judge/F.T.C. New, Lakhimpur Kheri should be directed to decide S.T. No. 163 of 2021 (arising out of Case Crime No. 161 of 2021) expeditiously, given that the trial has been under argument for about four months and an earlier direction dated 18.06.2024 to dispose of it within six months has gone unimplemented.

Court's answer

Looking to the facts and circumstances and the prayer made, it would not be desirable to keep the matter pending for exchange of affidavits; accordingly, the Additional District & Session Judge/F.T.C. New, Lakhimpur Kheri was directed to decide S.T. No. 163 of 2021 in accordance with law, as expeditiously as possible, preferably within one month from production of the certified copy of the order, without granting unnecessary or long adjournments to either party, if there is no other legal impediment.

Ratio / Principle

The Court recorded that it is a very unsatisfactory state of affairs that a matter which is posted for argument continues for four months, particularly since the trial remained undecided despite the Court's earlier direction dated 18.06.2024 to dispose of S.T. No. 163 of 2021 within six months, if possible.

Detailed headnote1 paragraphs

Application under Section 483 (supervisory/expeditious-trial jurisdiction) before the High Court of Judicature at Allahabad, Lucknow Bench (Tej Pratap Tiwari, J.), seeking a direction to the Additional District & Session Judge/F.T.C. New, Lakhimpur Kheri to decide S.T. No. 163 of 2021 (arising out of Case Crime No. 161 of 2021, State Vs. Ritik Gupta and others) expeditiously. Relying on the eCourt status showing the matter posted for argument on 10.07.2025 and continued till 18.10.2025, and on the Court's earlier unimplemented order dated 18.06.2024 in Mat. Under Article 227 No. 2880 of 2024 requiring disposal within six months, the Court held it undesirable to keep the matter pending for exchange of affidavits and directed decision of the trial in accordance with law, preferably within one month of production of the certified copy, without unnecessary or long adjournments, absent any legal impediment. Application disposed of finally.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

APPLICATION U/S 483 No. - 924 of 2025

Atul Kumar Gupta

.....Applicant(s)

Versus

State Of U.P. Thru. Addl. Chief Secy. Home Lko. And 4 Others	.....Opposite Party(s)
Counsel for Applicant(s) : Shailendra Singh Kumar Singh	Rajawat, Vinay
Counsel for Opposite Party(s) : G.A.

Court No. - 34

HON'BLE TEJ PRATAP TIWARI, J.

Heard Sri Shailendra Singh Rajawat, learned counsel for the applicant, learned A.G.A for the State and perused the record.

The instant application under Section 483 has been filed to direct the Additional District & Session Judge/F.T.C New, Lakhimpur Kheri to decided the S.T. No. 163 of 2021 arising out of Case Crime No. 161 of 2021 (State Vs. Ritik Gupta and others), expeditiously in the interest of justice.

Learned counsel for the applicant has showed the status of the case annexed with this petition which is printed copy of eCourt India Services from page-16 onwards.

A bare perusal of page-20 reveals that the matter in question was posted for argument on 10.07.2025 and the same arguments is said to be continued till 18.10.2025. It is also been contended by learned counsel for the applicant that vide order dated 18.06.2024 in Matters Under Article 227 No. 2880 of 2024 (Atul Kumar Gupta Vs. State of U.P. and others), this Court has directed the court concerned to dispose off S.T.No. 163 of 2021 without giving any unnecessary adjournments to any of the parties, if possible within a period of six months, but despite the aforesaid direction of this Court the trial in question has not been decided till date. Moreover, as mentioned above, the matter is under argument since last four months. It is very un satisfactory state of affairs that the matter which is posted for argument

A483 No. 924 of 2025

2

continues for four months.

Per contra, learned A.G.A has argued that he may be provided sometime to seek instructions in the matter.

In the instant matter looking to the facts and circumstances of the case and the prayer made by the applicant by way of the instant application, it would not be desirable if the matter is kept pending for the exchange of affidavits, therefore, in the interest of justice, the Additional District & Session Judge/F.T.C New, Lakhimpur Kheri to decided the S.T. No. 163 of 2021 arising out of Case Crime No. 161 of 2021 (State Vs. Ritik Gupta and others) is directed to decide the aforesaid case in accordance with law, as expeditiously as preferably within a period of one month from the date of production of the certified copy of this order, without granting any unnecessary or long adjournments to either of the parties, if there is no other legal impediment.

With the aforesaid directions, the application stands disposed of finally.

(Tej Pratap Tiwari,J.)

November 10, 2025

P.S

Digitally signed by :- POOJA SHARMA High Court of Judicature at Allahabad, Lucknow Bench