Jai Prakash Upadhyay Vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

Jai Prakash Upadhyay Vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application disposed of with directions: (i) the court concerned (Chief Judicial Magistrate, Bhadohi) to pass an order on framing of charge within one month of production of a certified copy of the order; (ii) all accused to appear on the date fixed, with no adjournment or exemption on any ground; (iii) all stakeholders to assist the Court for expeditious disposal of the case.

Issue for consideration

Whether the High Court should direct the court concerned (Chief Judicial Magistrate, Bhadohi) to decide Case No. 7512 of 2023 expeditiously within a stipulated period, the applicant being the informant and charges remaining unframed due to alleged delaying tactics by the accused.

Court's answer

The Court concerned is directed to pass an order on the point of framing of charge in the case as per law within one month from the date of production of a certified copy of this order before it.

Ratio / Principle

On the date fixed by the trial court, all the accused persons shall appear before the Court and no adjournment or exemption for appearance will be granted to any of the accused persons on any ground whatsoever.

Key takeaways

Besides the Presiding Officer, all stakeholders i.e. police and execution authorities, advocates, parties to the case, staff etc. are bound by the order and it is their responsibility to assist the Court in every manner for expeditious disposal of the case.ratio¶13
Observation that the trial court is expected to take strict action against the accused persons who are trying to delay the trial, charges having not been framed on account of their delaying tactics.obiter¶10

Detailed headnote1 paragraphs

Allahabad High Court (Nalin Kumar Srivastava, J.) disposed of an application under Section 529 BNSS filed by the informant of Case No. 7512 of 2023 (arising out of Case Crime No. 268 of 2022, Sections 323, 325, 504 IPC, Police Station Bhadohi), pending before the Chief Judicial Magistrate, Bhadohi, where charges had not been framed since 2023 owing to alleged delaying tactics by the accused. The Court directed the trial court to pass an order on framing of charge within one month from production of a certified copy of the order, directed that all accused persons appear on the date fixed with no adjournment or exemption on any ground whatsoever, and declared that all stakeholders (police and execution authorities, advocates, parties, staff) are bound by the order to assist the Court in every manner for expeditious disposal.

Neutral Citation No. - 2025:AHC:61332

Court No. - 80

Case :- APPLICATION U/S 529 BNSS No. - 278 of 2025

Applicant :- Jai Prakash Upadhyay Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ajay Kumar Srivastava 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 Case No.7512 of 2023, arising out of Case Crime No.268 of 2022 under Sections 323, 325, 504 IPC, Police Station Bhadohi, District-Bhadohi pending in the Court of Chief Judicial Magistrate, Bhadohi expeditiously within a 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 before this Court is the informant of the aforesaid case. The case is pending at the stage of framing of charge and the accused persons are applying delaying tactics and till date charges have not been framed in the matter.

I have considered the submissions and perused the entire record.

It reveals from the perusal of the order sheets that the matter is pending since 2023 and even charges have not been framed so far. The accused persons are applying delaying tactics in the matter. The trial court is expected to take strict action against the accused persons, who are trying to delay the trial of this case and even charges have not been framed on account of their delaying tactics.

In the circumstances, the Court concerned is directed to pass an order on the point of framing of charge in this case as per law within one month from the date of production of certified copy of this order before it. It is also directed that on the date fixed by the trial court all the accused persons shall appear before the Court and no adjournment or exemption for appearance will be granted to any of the accused persons on any ground whatsoever and

thereafter all endeavours shall be made by it for expeditious disposal of the case, if there is no legal impediment.

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