Sadar vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Sadar vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim directions issued (not a final disposal): current status of the trial to be obtained through the District and Sessions Judge; trial court to explain the non-examination of prosecution witnesses despite the accused being in jail since 2014 and to report steps taken in the past six months; Registrar (Compliance) to communicate the order; case listed fresh for 6.1.2026.

Issue for consideration

Whether the High Court should intervene in the delay in Sessions Trial No. 557/2023, wherein the applicant-accused has been in jail since 2014, charges were framed only in 2021, and no prosecution witness has yet been examined, by seeking a status report and explanation from the trial court through the District and Sessions Judge.

Court's answer

The Court held it expedient to seek the current status of Sessions Trial No. 557/2023 through the concerned District and Sessions Judge.

Ratio / Principle

The trial court was directed to explain the circumstances under which none of the prosecution witnesses had been examined till date despite the accused languishing in jail since 2014, and to inform the steps taken by it over the past six months for examining the prosecution witnesses.

Key takeaways

Registrar (Compliance) was directed to communicate the order to the concerned court through the District and Sessions Judge for compliance.ratio¶12
The matter was directed to be put up as fresh on 6.1.2026.ratio¶13

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Anil Kumar-X, J.), order dated December 11, 2025, in Application U/S 529 BNSS No. - 4835 of 2025 (Sadar v. State of U.P. and Another): Learned counsel for the applicant represented that Sessions Trial No. 557/2023 (State v. Mustkim @ Kalla and Others, Case Crime No. 414/2013 of 2014, U/s 147, 148, 149, 302, 120B I.P.C., P.S. Kandhla, District Shamli) has been pending before the learned Additional Sessions Judge/F.T.C., Shamli since 2016; the FIR was lodged in 2014, the applicant-accused is in jail since 2014, charges were framed only in 2021, and no witness has been examined by the trial court till date. Finding it expedient to seek the current status of the case, the Court called for a report through the concerned District and Sessions Judge, required the trial court to explain the circumstances for non-examination of any prosecution witness and to disclose the steps taken in the past six months for examining them, directed the Registrar (Compliance) to communicate the order for compliance, and fixed the matter to be put up as fresh on 6.1.2026.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 529 BNSS No. - 4835 of 2025

Sadar

.....Applicant(s)

Versus

State of U.P. and Another

	.....Opposite Party(s)
Counsel for Applicant(s)	: Sandeep Tripathi
Counsel for Opposite Party(s)	: G.A.
Court No.- 87

HON'BLE ANIL KUMAR-X, J.

Learned counsel for applicant and Shri R.K. Singh, learned AGA for the State are present.

Learned counsel for the applicant has submitted that Session Trial No. 557/2023, (State Vs. Mustkim @ Kalla And Others Case Crime no. 414/2013 of 2014 U/s 147, 148, 149, 302,120B I.P.C. P.S. Kandhla, DistrictShamli is pending in the court of learned Additional Sessions Judge /F.T.C. Shamli since the year 2016. FIR was lodged in the year 2014. Applicant is accused and is languishing in jail since the year 2014. It has further been submitted that charges have been framed in the year 2021. However, no witnesses till now have been examined by the trial court.

In the given circumstance, it will be expedient to seek the current status of the case from the court of through concerned District and Sessions Judge. The concerned trial court will also explain as to under what circumstances, none of the prosecution witnesses have been examined till date despite the fact that the accused is languishing in jail since the year 2014. The trial court will also inform the steps taken by it for past six months for examining the prosecution witnesses.

Registrar (Compliance) is directed to communicate this order to concerned court through District and Sessions Judge for compliance.

Put up this case as fresh on 6.1.2026.

December 11, 2025 Ujjawal

(Anil Kumar-X,J.)

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