Litigants Who Come To Get Justice Are Facing Delay Tactics Adopted By Trial Courts: Allahabad HC Calls For Explanation Regarding Delays

The Lucknow Bench noted the casual approach of the trial court and how the orders of the High Court were not complied with in full spirit. “The litigants who come before this Court to get justice are facing delay tactics adopted by the learned trial courts,” the Bench added.

A Single Bench of Justice Shamim Ahmed observed, “This Court is also of the view that the working of the learned Special Judge, N.I. Act, Lucknow appears to be very casual and he had also avoided to decide the case. The litigants who come before this Court to get justice are facing delay tactics adopted by the learned trial courts…As such, both the orders have not been complied by the learned trial court in its full spirit and approach of delaying tactics have been adopted by the learned trial court just to linger on the matter and even directions to learned District and Sessions Judge, Lucknow to monitor the trial of the case has also not been done.”

DAG Amit Chaudhary represented the applicant, while Advocate R.K. Gautam appeared for the opposite party.

The applicant had filed an application under Section 407 of the CrPC seeking the transfer of his complaint from the Special Judge, N.I. Act, to another competent court in the same district due to a long pendency.

The applicant pointed out that a coordinate bench of the High Court had previously directed expedited trial proceedings, however, they were treated “in a very casual manner.” Despite this, the trial court failed to comply and showed a “casual approach.” A subsequent order reiterated the urgency and instructed the District and Sessions Judge to monitor the case, yet no substantial progress was made.

It was argued that it was a very serious matter that the judges who were sitting in trial were not working as per guidelines issued by the Apex Court and they were not discharging their duties towards the litigants.

“This Court feels it necessary to call an explanation from the learned District and Sessions Judge, Lucknow to explain why he has not monitored the trial of the case in spite of order passed by co-ordinate Bench of this Court and an explanation from the learned Special Judge, N.I. Act, Lucknow before whom the proceedings of the instant case is pending, to explain why the case has not been decided yet despite the two orders have been passed by co-ordinate Bench of this Court,” the Bench ordered.

The Court was of the view that the working of the Special Judge, N.I. Act, was very casual and “he had also avoided to decide the case. The litigants who come before this Court to get justice are facing delay tactics adopted by the learned trial courts.”

Accordingly, the High Court listed the matter for May 29th, 2024 for further hearing.

Cause Title: Mahmood Ahmad Siddiqui v. The Court Special Judge N.I. Act, Lko. & Anr.

Appearance:

Applicant: DAG Amit Chaudhary

Opposite Party: Advocates R.K. Gautam and Vishal Gautam

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