Disposed¶14

Vivek Kumar Shukla Assistant Divisional Officer v. State of U.P. and 7 Others

Allahabad HC27 Apr 2025NA528/3975/2025

Case brief

AI extract

What is this about?

Section 528 BNSS maintainability; expeditious/speedy disposal of trial; successive petition after earlier Article 227 dismissal; liberty to file fresh Article 227 petition; recurring cause of action from inordinate delay; order dated 21.01.2025; Additional Sessions Judge/Special Judge SC/ST Act Chitrakoot; Case No. 648 of 2023 (State vs. Rajkumar and Others); Case Crime No. 23 of 2023; sections 147, 307, 332, 353, 427, 504, 506 IPC; section 7 Criminal Law Amendment Act; P.S. Bharatkoop; applicant ADO Vivek Kumar Shukla; Allahabad High Court; application disposed of.

What did the court decide?

Liberty to the applicant to file a fresh petition under Article 227 of the Constitution of India seeking expedite disposal of the trial; the application itself was disposed of as not maintainable. ¶14

Vivek Kumar Shukla Assistant Divisional Officer… — Writ and Judicial Review | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Liberty to the applicant to file a fresh petition under Article 227 of the Constitution of India seeking expedite disposal of the trial; the application itself was disposed of as not maintainable.

¶14

Issue for consideration

Whether the instant application under Section 528 BNSS seeking expeditious disposal of the pending trial is maintainable, given that the applicant's earlier petition under Article 227 of the Constitution of India raising the same grievance was already dismissed vide order dated 21.01.2025.

¶9

Court's answer

The earlier adjudication over the petition under Article 227 of the Constitution of India was made only on the basis of the order-sheets available at that time, and no merit of the matter was dealt with while passing the order dated 21.01.2025.

¶11

Ratio / Principle

Since the liberty for renewal upon recurrence of inordinate delay was already available in the order dated 21.01.2025, the instant application under Section 528 BNSS is not maintainable.

¶12

Key takeaways

The applicant is at liberty to prefer his grievance of expedite disposal of trial by filing a fresh petition under Article 227 of the Constitution of India, for which liberty is already available in the order dated 21.01.2025.ratio¶13

Detailed headnote1 paragraphs

Allahabad High Court (Saurabh Srivastava, J.; Order Date 28.4.2025) disposed of an application under Section 528 BNSS filed by Vivek Kumar Shukla, Assistant Divisional Officer, seeking expeditious disposal of trial in Case No. 648 of 2023 (State vs. Rajkumar and Others), arising out of Case Crime No. 23 of 2023 under sections 147, 307, 332, 353, 427, 504, 506 IPC and section 7 of the Criminal Law Amendment Act, pending before the Additional Sessions Judge/Special Judge (SC/ST Act), Chitrakoot. Held: the application is not maintainable, since the applicant's earlier petition under Article 227 of the Constitution of India on the same grievance was dismissed vide order dated 21.01.2025 at that stage, on the basis of the order-sheets then available and without touching the merits, with liberty available therein for renewal if inordinate delay recurred. The applicant was granted liberty to seek expedite disposal of the trial by filing a fresh petition under Article 227 of the Constitution of India.

¶1

Neutral Citation No. - 2025:AHC:65643

¶2

Court No. - 74

¶3

Case :- APPLICATION U/S 528 BNSS No. - 3975 of 2025

¶4

Applicant :- Vivek Kumar Shukla Assistant Divisional Officer Opposite Party :- State Of U.P. And 7 Others Counsel for Applicant :- Krishn Kumar Counsel for Opposite Party :- G.A.

¶5

Hon'ble Saurabh Srivastava,J.

¶6

Heard learned counsel for applicant and learned A.G.A. for State.

¶7

The instant application has been preferred with the confined prayer for expeditious disposal of trial pending before learned Additional Session Judge/Special Judge, SC/ST Act, Chitrakoot in shape of Case No.648 of 2023 (State vs. Rajkumar and Others) arising out of Case Crime No.23 of 2023, under sections 147, 307, 332, 353, 427, 504, 506 I.P.C. and section 7 of Criminal Law Amendment Act, P.S. Bharatkoop, District- Chitrakoot.

¶8

With regard to fact of the matter, it has been submitted by learned counsel for applicant that earlier petition under Article 227 of the Constitution of India has been preferred which was decided vide order dated 21.01.2025, through which earlier petition was dismissed at that stage since prayer for expediting trial was not in the nature for considering the order-sheets available therein, but learned counsel for applicant submitted that applicant being the ADO is suffering from unnecessary delay caused in expediting the trial, which is apparent from the order-sheets available in the matter, which is on till date.

¶9

Per contra, learned A.G.A. vehemently opposed the prayer as made in the application since the same is not amenable under section 528 BNSS and once the applicant has already preferred petition under Article 227 of the Constitution of India and the liberty was already available for filing the same again and the same was dismissed at that stage, there is no cause of action arises in favour of applicant for preferring application under section 528 BNSS.

¶10

After having rival submissions extended by learned counsel for the parties, one thing is crystal clear that the earlier adjudication

¶11

over the petition under Article 227 of the Constitution of India has been made only on the basis of order-sheets, which were available at that time and as such the petition was dismissed at that stage only. However, no merit of the matter has been dealt with while passing order dated 21.01.2025.

¶12

If in any case, inordinate delay has been created recurring cause of action for filing fresh, the same liberty is available in order dated 21.01.2025 and as such the instant applicant is not maintainable.

¶13

However, the applicant will be at liberty to prefer prayer for redressal of his grievances in shape of seeking expedite disposal of trial under Article 227 of the Constitution of India by way of filing petition for which the liberty is already available in order dated 21.01.2025.

¶14

The instant application stands disposed of accordingly.

¶15

Order Date :- 28.4.2025 Saif

¶16

Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad

Vivek Kumar Shukla Assistant Divisional Officer v. State of U.P. and 7 Others

Case brief

What is this about?

What did the court decide?

Vivek Kumar Shukla Assistant Divisional Officer v. State of U.P. and 7 Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases