Dharmendra Jaisawal vs State of U.P. and 3 Others — Cheating and Forgery | Allahabad HC (2025)

Dharmendra Jaisawal vs State of U.P. and 3 Others — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Direction to the learned trial court to pass an order on framing of charges strictly in accordance with law within one month from the date of production of a certified copy of the order (provided there is no legal impediment), and thereafter to conclude the trial expeditiously, preferably within a further period of one year.

Issue for consideration

Whether a direction should be issued to the learned Magistrate (Chief Judicial Magistrate, Gorakhpur) to decide Case No. 150695 of 2021 (State Vs. Subhash Chandra Gupta and others), arising out of Case Crime No. 256 of 2017, expeditiously, in view of the fact that the accused had appeared but charges had not been framed.

Court's answer

The learned trial court is directed to pass an appropriate order regarding framing of charges against the accused persons strictly in accordance with law within one month from the date of production of a certified copy of the order, provided there is no legal impediment.

Ratio / Principle

After the charges are framed, the learned trial court shall make all endeavours to conclude the trial expeditiously, preferably within a further period of one year.

Detailed headnote1 paragraphs

Allahabad High Court (Anil Kumar-X, J.), by order dated November 21, 2025, disposed of Application U/S 529 BNSS No. 4436 of 2025 filed by applicant Dharmendra Jaisawal seeking expedition of Criminal Case No. 150695 of 2021 (State Vs. Subhash Chandra Gupta and others), arising out of Case Crime No. 256 of 2017, under sections 419, 420, 406 I.P.C., Police Station Chauri Chaura, District Gorakhpur, pending before the Chief Judicial Magistrate, Gorakhpur. Noting that the respondent/accused had appeared but charges had not been framed, and that the State (through learned A.G.A.) conceded the facts, the Court directed the learned trial court to pass an appropriate order regarding framing of charges against the accused persons strictly in accordance with law within one month from production of a certified copy of the order, provided there is no legal impediment, and thereafter to make all endeavours to conclude the trial expeditiously, preferably within a further period of one year.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 529 BNSS No. - 4436 of 2025

Dharmendra Jaisawal

.....Applicant(s)

Versus

State Of U.P. And 3 Others

.....Opposite Party(s)

Counsel for Applicant(s)	: Manvendra Kumar, Rahul Mishra	Mohd Abdul Moid,
Counsel for Opposite Party(s)	: G.A.
Court No.- 87

HON'BLE ANIL KUMAR-X, J.

Heard learned counsel for the applicant, Sri R.K. Singh, learned A.G.A. for the State and perused the record.

Learned counsel for the applicant has submitted to decide the Case No. 150695 of 2021 (State Vs. Subhash Chandra Gupta and others), arising out of Case Crime No. 256 of 2017, under section 419, 420, 406 I.P.C. Police Station- Chauri Chaura District-Gorakhpur which is pending in the Court of Chief Judicial Magistrate, Court, Gorakhpur. Learned counsel, therefore, prays that a direction be issued to the learned Magistrate to decide the said case as expeditiously as as possible.

Learned counsel for the applicant has submitted that respondent/accused have appeared before the court. However, charges has not been framed in the above criminal trial.

Learned AGA, has conceded to the facts stated by learned counsel for the applicant.

Learned trial court is directed to pass an appropriate order regarding framing of charges against the accused persons strictly in accordance with law within a period of one months from the date of production of a certified copy of this order, provided there is no legal impediment. After the charges are framed, the learned trial court shall make all endeavours to conclude the trial expeditiously, preferably within a further period of one year.

The application under Section 529 B.N.S.S. is disposed of accordingly.

November 21, 2025 Ujjawal

(Anil Kumar-X,J.)

Digitally signed by :- UJJAWAL High Court of Judicature at Allahabad