Brijesh Kumar Vs State of U.P. and 12 Others — Allahabad HC (2025) — LawSathi Research

Brijesh Kumar Vs State of U.P. and 12 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Directions issued to the court concerned: framing of charge ordered within two months from delivery of certified copy of the order; all accused to appear on the date fixed with no adjournment or exemption on any ground; all endeavours for expeditious disposal preferably within two years if no legal impediment; police, execution authorities, advocates, parties and staff declared bound to assist the Court.

Issue for consideration

Whether the court concerned should be directed to decide Criminal Case No. 549 of 2018 expeditiously within a stipulated period, the applicant being its informant and the accused allegedly causing delay at the charge-framing stage. +1 more

Court's answer

The court concerned is directed to order framing of charge in the case as per law within two months from the date of production of certified copy of this order before it.

Ratio / Principle

Trial court expected to take strict action against the accused persons who are trying to delay the trial; charges had not been framed on account of their delaying tactics.

Key takeaways

On the date fixed by the trial court all accused persons shall appear before the Court, and no adjournment or exemption for appearance will be granted to any accused on any ground.ratio¶11
Thereafter all endeavours shall be made for expeditious disposal of the case, preferably within a period of two years, if there is no legal impediment.ratio¶12
Besides the Presiding Officer, all stake holders — police and execution authorities, advocates, parties to the case, staff etc. — are made bound by the order and responsible to assist the Court in every manner for expeditious disposal.

Detailed headnote1 paragraphs

Allahabad High Court (Nalin Kumar Srivastava, J.) | Application U/S 529 BNSS No. 391 of 2025 | Order Date 5.3.2025. Informant-applicant Brijesh Kumar sought expeditious decision of Criminal Case No. 549 of 2018 (arising out of Case Crime No. 64 of 2018 under Sections 147, 427, 506 IPC, Police Station Baresar, District Ghazipur), pending before the Judicial Magistrate, Court No. 2, Mohammadabad, Ghazipur since 2018, still at the charge-framing stage owing to alleged delaying tactics by the accused. From perusal of order sheets the Court found charges were yet unframed and directed: (i) framing of charge as per law within two months of production of certified copy of the order; (ii) appearance of all accused on the date fixed, with no adjournment or exemption for appearance on any ground; (iii) all endeavours for expeditious disposal preferably within two years, if there is no legal impediment; and (iv) besides the Presiding Officer, all stake holders — police and execution authorities, advocates, parties to the case, staff etc. — made bound by the order to assist the Court in every manner. Application disposed of. (Neutral Citation 2025:AHC:31477.)

Neutral Citation No. - 2025:AHC:31477

Court No. - 82

Case :- APPLICATION U/S 529 BNSS No. - 391 of 2025

Applicant :- Brijesh Kumar Opposite Party :- State Of U.P. And 12 Others Counsel for Applicant :- Sudhanshu Kumar Singh 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. 549 of 2018, arising out of Case Crime No.64 of 2018 under Section 147, 427, 506 IPC, Police Station Baresar, District Ghazipur pending in the Court of Judicial Magistrate, Court No.2, Mohammadabad, Ghazipur 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 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 2018 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 order on framing of charge in this case as per law within two months 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 preferably within a period of two years, 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 :- 5.3.2025 Fhd

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