Barkat Husain vs Abdul Shakoor @ Kalwa And 6 Others
2026 Latest Caselaw 748 ALL

Allahabad High Court

Barkat Husain vs Abdul Shakoor @ Kalwa And 6 Others on 3 April, 2026

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


Neutral Citation No. - 2026:AHC:72153
 

 
HIGH COURT OF JUDICATURE AT ALLAHABAD 
 
MATTERS UNDER ARTICLE 227 No. - 4307 of 2026   
 
   Barkat Husain    
 
  .....Petitioner(s)   
 
 Versus  
 
   Abdul Shakoor @ Kalwa And 6 Others    
 
  .....Respondent(s)       
 
   
 
  
 
Counsel for Petitioner(s)   
 
:   
 
Gautam Kumar Dubey, Tej Prakash Mishra   
 
  
 
Counsel for Respondent(s)   
 
:   
 
 
 
   
 
     
 
 Court No. - 73
 
   
 
 HON'BLE VIKRAM D. CHAUHAN, J.      

1. Heard learned counsel for the petitioner and learned AGA for the State.

2. The present application has been filed by the petitioner with the following relief:-

"i) to direct the learned court of Judicial Magistrate, (Ist Class), Nazibabad, District Bijnor to decide the complaint No.875 of 2025, (Barkat Husain Vs. Abdul Shakoor and others) expeditiously within a stipulated period fixed by this Hon'ble Court."

3. Learned counsel for the petitioner submits that the proceedings before the court concerned be directed to be concluded in a time bound manner. It is submitted by learned counsel for the petitioner that the petitioner is the informant before the court concerned.

4. Learned AGA submits that the speedy trial is one of the essential requirement of judicial process and he submits that the present application may be decided in terms of judgement dated 29.2.2024 passed by Supreme Court in High Court Bar Association, Allahabad Vs State of U.P and others ? 2023 INSC 150.

5. The prayer in the present application by the petitioner is for disposal of the above mentioned case in a time bound manner. The Supreme Court in a recent judgement dated 29.2.2024 being High Court Bar Association, Allahabad Vs State of U.P and others (supra) has held as under :-

"Constitutional Courts, in the ordinary course, should refrain from fixing a time-bound schedule for the disposal of cases pending before any other Courts. Constitutional Courts may issue directions for the time-bound disposal of cases only in exceptional circumstances. The issue of prioritising the disposal of cases should be best left to the decision of the concerned Courts where the cases are pending; and"

6. Learned counsel for the petitioner has not shown any exceptional circumstances to issue direction at this stage. Considering the nature of prayer made by counsel for the petitioner, the interest of justice would be served, in the event, the petitioner applies before the court concerned for expeditious disposal of the above mentioned case.

7. In view of the aforesaid, the present application is disposed of with liberty to the petitioner to prefer an application before the court concerned for disposal of the above mentioned case in a time bound manner. In the event any such application is filed by the petitioner before the court concerned, the court concerned shall consider the same and pass appropriate order in accordance with law. It goes without saying that the prosecution shall co-operate in the trial court proceeding and shall produce the prosecution witness without delay. The accused person shall also not be granted any unnecessary adjournment by the court concerned.

8. It is also provided that in the event there is any legal impediment before the court concerned in disposal of the case, then the court concerned shall pass an appropriate order disclosing the legal impediment as to why the proceedings of the above mentioned case cannot be proceeded with.

9. The present petition is accordingly disposed of with the aforesaid direction.

(Vikram D. Chauhan,J.)

April 3, 2026

VMA