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

Directions issued: current status of Session Trial No.353/2016 to be called through the District and Sessions Judge; trial court to explain non-examination of witnesses and report steps taken in the past six months; Registrar (Compliance) to communicate the order; matter to be listed fresh on 6.1.2026 along with Application u/s 529 BNSS No.4607 of 2025.

Issue for consideration

Whether the trial court should be required to explain why no prosecution witnesses have been examined despite the accused languishing in jail since 2014, and to report the steps taken for examining them.

Court's answer

The Court found it expedient to seek the current status of Session Trial No.353/2016 from the trial court through the concerned District and Sessions Judge.

Ratio / Principle

The trial court is to explain the circumstances under which no prosecution witness has been examined till date despite the accused being in jail since 2014, and to inform the steps taken by it in the past six months for examining prosecution witnesses.

Key takeaways

Registrar (Compliance) is directed to communicate the order to the concerned court through the District and Sessions Judge for compliance, and the case is to be put up as fresh on 6.1.2026 along with Application u/s 529 BNSS No.4607 of 2025.ratio¶14

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Anil Kumar-X, J.), order dated December 12, 2025, in Application u/s 529 BNSS No. 4861 of 2025 (Sadar v. State of U.P. and Another). Counsel submitted that Session Trial No. 353/2016 (State v. Mustkim @ Kalla and Others), arising out of Case Crime No. 887 of 2014 under Sections 147, 148, 149, 307 and 302 IPC at P.S. Kairana, district Shamli, is pending before the Additional Sessions Judge / F.T.C. at Kairana; the applicant-accused is in jail since 2014, charges were framed in 2021, and no witness has been examined. The Court held it expedient to call for the current status of the case through the concerned District and Sessions Judge, required the trial court to explain the circumstances of non-examination of prosecution witnesses and to inform the steps taken in the past six months, directed the Registrar (Compliance) to communicate the order for compliance, and put up the case as fresh on 6.1.2026 along with Application u/s 529 BNSS No. 4607 of 2025.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 529 BNSS No. - 4861 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.353/2016 (State Vs. Mustkim @ Kalla And Others) arising out of Case Crime No.887 of 2014, u/s 147, 148, 149, 307, 302 IPC, at P.S. Kairana, District-Shamli is pending in the court of Additional Sessions Judge /F.T.C. Shamli at Kairana. Applicant is accused and is languishing in jail since 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 along with Application u/s 529 BNSS No.4607 of 2025..

December 12, 2025 Mukesh

(Anil Kumar-X,J.)

Digitally signed by :- MUKESH SRIVASTAVA High Court of Judicature at Allahabad