Allahabad High Court
Atiq Ahmad vs State Of U.P. And 4 Others on 6 January, 2026
Author: Samit Gopal
Bench: Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD Neutral Citation No. - 2026:AHC:1373 HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 16139 of 2025 Atiq Ahmad .....Petitioner(s) Versus State Of U.P. And 4 Others .....Respondent(s) Counsel for Petitioner(s) : Mahendra Bahadur Singh, Vijeta Singh Counsel for Respondent(s) : G.A. Court No. - 53 HON'BLE SAMIT GOPAL, J.
1. List revised. 2. Heard Ms. Vijeta Singh, learned counsel for the petitioner and Sri Birendra Pratap Singh, learned counsel for the State and perused the material on record.
3. The present petition under Article 227 of the Constitution of India has been filed by the petitioner- Atiq Ahmad, with the following prayer:-
(a) Issue an order or direction to the Additional Session Judge, Court No. 8, Allahabad to conduct the Sessional Trial No. 1373 of 2022 (State Vs. Khursheed and Others) arising out of Case Crime No. 147 of 2022; u/s 147, 148, 149, 302, 307, 120B, 212, 427 I.P.C.; P/s Phaphamau, District Prayagraj, on day-to-day basis.
(b) Issue an order or direction to the Learned Additional Session Judge, Court No. 8, Allahabad to conclude the trial within such time as this Hon'ble Court may deem fit in the interest of justice.
(c) Issue any suitable order or direction which this Hon'ble Court may deem fit and proper in the fact and circumstances of the instant case.
(d) Award the cost of the petition in favour of the petitioner."
4. The submission of learned counsel for the petitioner is that appropriate directions be issued to the trial court concerned to expedite the trial and conclude the same within the specific time period and directions be issued to take it up on a day to day basis.
5. Learned counsel has placed before the Court Annexure-4 to the affidavit being Criminal Misc. Bail Application No. 31899 of 2023 (Javed Ahmad Vs. State of U.P.) and has submitted that Javed Ahmad is the respondent no.3 in the present petition and in his bail application a co-ordinate Bench of this Court has expedited the trial and directed it to be concluded on a day to day basis with certain further directions and even directions to the police authorities. The said order has been placed before the Court which reads as under:-
"By means of the bail application the applicant has prayed to be enlarged on bail in Case Crime No. 147 of 2022 at Police Station-Phaphamau District-Prayagraj under Sections 147, 148, 149, 302, 307, 427, 120B, 212 I.P.C. The applicant is in jail since 07.06.2022.
The bail application of the applicant was rejected by the learned trial court on 30.11.2022.
The applicant has been identified as one of the four principal offenders who discharged the firearm with intent to kill. The postmortem report and the vehicle inspection report/field unit report corroborates the F.I.R. version of four persons opening indiscriminate firing against the accused. The deceased and the victim were surrounded by the aforesaid offenders and shot in a planned manner on account of land dispute. The case of the other co-accused with whom parity is sought is distinguishable from the applicant. The said co-accused were named subsequently at a belated stage. To the contrary, the nomination of the applicant has been since the inception. The applicant was named in the FIR and consistently identified in the statements of various witnesses. The offence is grave. There is likelihood that the applicant committed the offence. At this stage, no case for bail is made out.
Without going into the merits of the case, the bail application is dismissed.
Considering the gravity of the offence, interest of justice will be served by directing the learned trial court to expedite the trial within a stipulated period of time.
The trial court is directed to conclude the trial within a period of one year from the date of receipt of a certified copy of this order. The learned trial court shall proceed with the hearing on a day to day basis to ensure that the above stipulated timeline of one year is strictly adhered to. All witnesses and counsels are directed to cooperate with the trial proceedings.
The trial court has also to be conscious of the rights of the accused persons and is under obligation of law to ensure that all expeditious, necessary and coercive measures as per law are adopted to ensure the presence of witnesses. Counsels or parties who delay or impede the proceedings should not only be discouraged from doing so but in appropriate cases exemplary costs should also be imposed on such parties/ counsel.
The learned trial court shall issue summons by regular process as per Section 62 Cr.P.C. and also by registered post as provided under Section 69 Cr.P.C. to expedite the trial.
The learned trial court shall promptly take out all strict coercive measures against all the witnesses in accordance with law who fail to appear in the trial proceeding. Counsels or parties who delay or impede the proceedings should not only be discouraged from doing so but in appropriate cases exemplary costs should also be imposed on such parties/ counsel.
The police authorities shall ensure that warrants or any coercive measures as per law taken out by the learned trial court to ensure that the attendance of the witnesses are promptly executed.
The Deputy Commissioner of Police, Prayagraj shall file an affidavit before the trial court on the date fixed regarding status of execution of the warrants/service of summons taken out by the learned trial court.
In case there is a failure on part of the police authorities to execute the warrants or other coercive measures, the Deputy Commissioner of Police, Prayagraj shall state the reasons for the same in the said affidavit and also show the steps taken to execute the warrants. The Deputy Commissioner of Police, Prayagraj shall simultaneously inform the Additional Director General of Police (ADG) Prayagraj Zone, about the aforesaid failure of the police authorities in the first instance to execute the warrants and coercive measures issued by the learned trial court. If required, the Additional Director General of Police (ADG) Prayagraj Zone, may issue an appropriate directions to ensure that the warrants issued are promptly executed by the learned trial court.
The delay in execution of warrants and consequent absence of witnesses is one of the principal causes of delays in criminal trials and has to be addressed effectively by all stakeholders.
The trial judge shall submit a fortnightly report on the progress of trial and the steps taken to comply with this order to the learned District Judge.
A copy of this order be communicated to the learned trial judge through the learned District Judge, Prayagraj by the Registrar (Compliance) by FAX."
6. It is further submitted that vide order of even date passed in Criminal Misc. Bail Application No. 9224 of 2023 (Faiz @ Faizoo Vs. State of U.P.) while dismissing bail of the said co-accused the same co-ordinate Bench of this Court has passed same order expediting the trial, the said order has been placed before the Court which is at page 46 of the paper-book. It is next submitted that vide order dated 13.05.2024 passed in Criminal Misc. Bail Application No. 9386 of 2024 (Zaid Ahmad Vs. State of U.P.) although the another co-ordinate Bench of this Court rejected the bail of the said co-accused but directed the trial court to proceed expeditiously with the trial, the the said order has been placed before the Court which is at page 50 of the paper-book and the operative portion being paragraph 7 & 8 of the same reads as under:-
"7. The bail application is accordingly rejected. Trial Court concerned is directed to record statement of other witnesses expeditiously preferably within a period of six months from today and in case trial is not proceeded much in aforesaid period, applicant is at liberty approach this Court or Trial Court concerned, as advised, alongwith status of trial.
8. Registrar (Compliance) to take steps."
7. It is submitted that despite the said three orders the trial is not proceeding expeditiously and thus the present petition has been filed before this Court.
8. Needless to state, trial of an accused is expected to be conducted and concluded expeditiously. In the present case there is something even more than that. In three petitions of bail by three co-accused the trial has been expedited by specific orders. Now in the present petition for writ a prayer is being made for passing directions for expediting the trial on day to day basis and its conclusion in a specified period of time. Since there are three orders already expediting the trial and passing detailed order for proceeding with the trial with the respective directions, it would not be proper for this Court to pass the same order again as it would be a repetition, however, the trial court shall take cognizance of the said three orders and ensure that they are complied with in letter and spirit.
9. The writ petition stands disposed of.
(Samit Gopal,J.) January 6, 2026 AS Rathore