Abrar Ahmad vs State of U.P. — Cheating and Forgery | Allahabad HC (2025)

Abrar Ahmad vs State of U.P. — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Expedition direction to the Court of Chief Judicial Magistrate, Gautam Budh Nagar to decide Case No. 29936 of 2023 (Crime No. 289 of 2022) as expeditiously as possible, without granting any unnecessary adjournment to either of the parties, if there is no legal impediment; the present application disposed of with that observation.

Issue for consideration

Whether the Court of Chief Judicial Magistrate, Gautam Budh Nagar should be directed to decide pending Case No. 29936 of 2023 (Crime No. 289 of 2022) expeditiously, notwithstanding the accused persons' pending Section 482 Cr. P.C. application which counsel alleged was being used to delay the trial.

Court's answer

In view of the facts and in the interest of justice, the Court directed the Chief Judicial Magistrate, Gautam Budh Nagar to decide the above-mentioned case as expeditiously as possible, without granting any unnecessary adjournment to either of the parties, if there is no legal impediment.

Detailed headnote1 paragraphs

Allahabad High Court (Jitendra Kumar Sinha, J.), Order dated 20.6.2025, Neutral Citation 2025:AHC:98357 — Application u/s 529 BNSS No. 1301 of 2025 (Applicant: Abrar Ahmad) disposed of with a direction to the Court of Chief Judicial Magistrate, Gautam Budh Nagar to decide pending Case No. 29936 of 2023 / Crime No. 289 of 2022 (Sections 420, 467, 468, 471, 406, 506 and 120-B I.P.C.; Police Station Knowledge Park, District Greater Noida; State Versus Sazida Begham and Anr) as expeditiously as possible, without granting any unnecessary adjournment to either of the parties, if there is no legal impediment. Context recorded in the judgment: the accused persons' Criminal Misc. Application under Section 482 Cr. P.C. No. 30098 of 2024 was pending before a Co-ordinate Bench of this Court with no interim order granted (per order dated 29.05.2025); the applicant's counsel contended the accused were delaying the trial on the pretext of that pending application; the learned A.G.A. had no objection to expediting the case.

Neutral Citation No. - 2025:AHC:98357

Court No. - 68

Case :- APPLICATION U/S 529 BNSS No. - 1301 of 2025 Applicant :- Abrar Ahmad Opposite Party :- State of U.P. Counsel for Applicant :- Araf Khan,Lihazur Rahman Khan Counsel for Opposite Party :- G.A.

Hon'ble Jitendra Kumar Sinha,J.

Heard Sri Araf Khan, learned counsel for the applicant and learned A.G.A. for the State.

Present application under Section 529 B.N.S.S. has been filed by the applicant inter-alia with the prayer to direct the Court of Chief Judicial Magistrate, Gautam Budh Nagar to decide the Case No. 29936 of 2023 and Crime No. 289 of 2022, under Sections 420, 467, 468, 471, 406, 506 and 120-B I.P.C., Police Station Knowledge Park, District Greater Noida (State Versus Sazida Begham and Anr) within the stipulated period.

Learned counsel for the applicant submits that accused persons of the above mentioned case have preferred Criminal Misc. Application under Section 482 Cr. P.C. No. 30098 of 2024, in which, no interim order has been granted by the Co-ordinate Bench of this Court, as is clear from the order dated 29.05.2025. The learned counsel for the applicant further submits that accused persons are delaying the trial on the pretext that application under Section 482 Cr. P.C. is pending before the Hon'ble High Court.

On the other hand, learned A.G.A. has no objection to expedite the above mentioned case, which is pending in the court of Chief Judicial Magistrate, Gautam Budha Nagar.

In this view of the facts and also in the interest of justice, Chief Judicial Magistrate, Gautam Budh Nagar is directed to decide the above mentioned case as expeditiously as possible, without granting any unnecessary adjournment to either of the parties, if there is no legal impediment.

With the above observation, the present application is disposed of.

Order Date :- 20.6.2025 T.S.

Digitally signed by :- TRIBHUWAN SINGH High Court of Judicature at Allahabad