Rehan Khan
The Allahabad High Court has sought an explanation from the State authorities regarding delays in concluding a criminal trial that dates back to three decades ago.
Justice Saurabh Lavania, while hearing a petition filed by Madhukar Sharma, addressed concerns over the prolonged trial. Sharma faced allegations of rioting, vandalism, and related charges stemming from a protest at the State Legislative Assembly. The case was registered against him in 1991, and the trial began in 1994 but remains unresolved.
The petitioner had approached the Court to quash the First Information Report (FIR) and the subsequent criminal proceedings against him. Highlighting the delay, the Court observed that the offences attributed to Sharma carried a maximum punishment of seven years of imprisonment. Despite this, the trial had been pending for an extended period, far exceeding reasonable timelines.
“Considering the facts, as indicated in the present application, particularly the facts related to the delay attributed upon the State/prosecution in conclusion of criminal proceedings, which were initiated in the year 1991, as also that the criminal case in issue relates to the offence(s) for which maximum punishment can be awarded up to seven years and fine … this Court finds that the indulgence in the matter is required,” the Court noted in its January 10 order.
Subsequently, the Court directed the Director General of Prosecution in Lucknow and the Additional Chief Secretary of the State Home Department to submit personal affidavits addressing the concerns raised in Sharma’s plea. Additionally, the Court sought details about Uttar Pradesh’s litigation policy, particularly in cases where significant delays have occurred.
“In the affidavit(s), the concerned authorities shall also indicate regarding litigation policy of State of Uttar Pradesh including related to cases similar to present one,” the Court instructed.
As an interim measure, the High Court stayed the ongoing criminal proceedings against Sharma. The matter has been listed for the next hearing on January 30, 2025.
Case Title: Madhukar Sharma v. State of U.P. And Another.
Case Number: – Application u/s 482 No. – 171 Of 2025
Bench: Justice Saurabh Lavania