Babburaja Soni Vs State of U.P. and 2 Others — Cheating and Forgery | Allahabad HC (2025)

Babburaja Soni Vs State of U.P. and 2 Others — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Directions issued instead of a stipulated-period mandate: the applicant/informant must appear before the trial Court on the next date of listing for recording of his evidence; the trial Court must record the applicant/informant's evidence in one day and thereafter strive for expeditious disposal absent legal impediment; no unnecessary adjournments to be sought or granted; all stakeholders (Presiding Officer, police and execution authorities, advocates, parties, staff) bound to assist expeditious disposal.

Issue for consideration

Whether the trial Court should be directed, as prayed by the applicant-informant under Section 529 BNSS, to decide the pending Criminal Case No. 288 of 2018 (arising out of case crime no. 575 of 2017 under Section 420 IPC, P.S. Konch, District Jalaun) expeditiously within a stipulated period.

Court's answer

The applicant (informant) is directed to appear before the trial Court just on the next date of listing for recording of his evidence.

Ratio / Principle

The trial Court is directed to record the evidence of the applicant/informant in one day and thereafter make all endeavours for expeditious disposal of the case, if there is no legal impediment.

Key takeaways

It is further directed that no unnecessary adjournment will be sought or granted in the matter.ratio¶13
The Court/Presiding Officer is not the only stakeholder of the trial and disposal of a case; besides the P.O. concerned, all stakeholders i.e. police and execution authorities, advocates, parties to the case, staff etc. are made bound by this order and it is their responsibility also to assist the Court in every manner for expeditious disposal of the case.ratio¶14

Detailed headnote1 paragraphs

Allahabad High Court (Nalin Kumar Srivastava, J.; Order Date 23.4.2025) disposed of Application U/S 529 BNSS No. 254 of 2025 filed by Babburaja Soni, the informant in Criminal Case No. 288 of 2018 (arising out of case crime no. 575 of 2017 under Section 420 IPC, Police Station- Konch, District- Jalaun), pending since 2017 before the Additional Civil Judge (J.D.)/Judicial Magistrate, Konch, which sought a direction for expeditious disposal within a stipulated period. An earlier Application U/S 482 No. 32047 of 2018 had been dismissed for want of prosecution on 18.01.2023, leaving no effective stay. Observing that the case stood fixed for evidence yet the informant had approached this Court instead of presenting his evidence, the Court directed the applicant to appear before the trial Court on the very next date of listing for recording of his evidence, directed the trial Court to complete that recording in one day and thereafter make all endeavours for expeditious disposal if there is no legal impediment, barred unnecessary adjournments, and bound all stakeholders (police and execution authorities, advocates, parties, staff) along with the Presiding Officer to assist in expeditious disposal.

Neutral Citation No. - 2025:AHC:61382

Court No. - 80

Case :- APPLICATION U/S 529 BNSS No. - 254 of 2025

Applicant :- Babburaja Soni Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Manjulesh Kumar Shukla,Yogesh Dutta Mishra

Counsel for Opposite Party :- G.A.

Hon'ble Nalin Kumar Srivastava,J.

This application under Section 529 BNSS has been filed with a prayer to direct the court concerned to decide the Criminal Case No. 288 of 2018 arising out of case crime no. 575 of 2017 under Section 420 IPC, Police Station- Konch, District- Jalaun pending in the Court of Additional Civil Judge (J.D.)/ Judicial Magistrate, Konch expeditiously within stipulated period.

Heard learned counsel for the applicant as well as learned A.G.A. for the State.

It is submitted by the learned counsel for the applicant that the applicant is the informant in the case and same is pending since 2017. It is also submitted that the opposite party nos.2 and 3 are not cooperating with the Court concerned and are adopting delaying tactics in disposal of the said case and only dates are being fixed in the matter. The Court concerned is not taking proper interest in disposal of the said session trial.

Learned AGA opposed the prayer.

I have considered the submissions and perused the record.

It reveals from the perusal of the record that earlier an Application U/S 482 No. 32047 of 2018 was preferred before this Court, however, the same is dismissed for want of prosecution vide order dated 18.01.2023. Now there is no stay order effective by this Court. The applicant before this Court is the informant of the case and since the case is fixed for evidence, normally it starts with the deposition of P.W.1/ informant, but it is surprising that instead of producing her evidence before the Court, he has knocked at the door of this Court seeking relief for expeditious disposal of the case.

In the circumstances, the applicant is directed to appear before the trial Court just on the next date of listing for recording his evidence and the trial Court is also directed to record the evidence of the applicant/ informant in one day and thereafter all endeavours shall be made by it for expeditious disposal of the case, if there is no legal impediment. It is further directed that no unnecessary adjournment will be sought/granted.

It is also made clear that the Court / Presiding Officer is not the only stake holder of the trial and disposal of a case, hence, besides the P.O. concerned, all the stake holders i.e. police and execution authorities, advocates, parties to the case, staff etc. are also made bound by this order and it will be their responsibility also to assist the Court in every manner for the expeditious disposal of this case.

With the above observations, the application stands disposed of.

Order Date :- 23.4.2025 Fhd

Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad