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Supreme Court of India
Ravindra Pratap Shahi vs State Of U.P on 25 August, 2025
Author: Prashant Kumar Mishra
Bench: Prashant Kumar Mishra, Sanjay Karol
2025 INSC 1039 REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO(S).3700-3701 OF 2025
(ARISING OUT OF S.L.P. (CRL.) NO(S).4509-4510 OF 2025)
RAVINDRA PRATAP SHAHI ... APPELLANT(S)
VERSUS
STATE OF U.P. & ORS. ... RESPONDENT(S)
JUDGMENT
PRASHANT KUMAR MISHRA, J.
1. Leave granted.
2. The present Appeals have been preferred against the impugned
interim orders dated 28.08.2024 and 09.01.2023 passed by the High
Court of Judicature at Allahabad in Criminal Appeal No.939 of 2008
by which the said criminal appeal preferred by respondent no.2 was
not taken up for hearing.
3. By order dated 15.04.2025, this Court requested the High Court
to decide the appeal expeditiously preferably within a period of three
months. However, considering that the criminal appeal pending
before the High Court was earlier reserved for orders on 24.12.2021,
but the judgment was not delivered necessitating orders from the
Signature Not Verified
Digitally signed by
NAVEEN D
Chief Justice of the High Court of Judicature at Allahabad to assign
Date: 2025.08.25
19:12:48 IST
Reason:
Criminal Appeals @ SLP (Crl.) Nos.4509-4510 OF 2025 Page 1 of 6
the matter to a different Bench, we heard the learned counsel for the
parties for issuance of necessary directions in this regard.
4. According to the appellant/de-facto complainant, the appeal
preferred by respondent no.2 is pending since 2008 wherein he
moved the High Court on nine different occasions for early listing,
hearing and disposal of the appeal. However, no final verdict has
been given by the High Court. Eventually, arguments were heard by
the Division Bench of the High Court at great length, and the appeal
was reserved for orders on 24.12.2021. When we heard this matter
on 27.01.2025, we directed the Registrar General of the High Court of
Judicature at Allahabad to immediately bring the issue to the notice
of the Chief Justice and also submit a report with regard to the
correctness of the averments made in these Appeals.
5. The Registrar General of the High Court submitted his report
dated 29.01.2025 submitting inter alia that the appeal was heard and
reserved for orders on 24.12.2021. However, since the judgment was
not delivered within six months, in light of administrative order of the
Chief Justice dated 07.03.2019, the case was ordered to be listed
before Regular Bench (as per roster). The matter was again placed
before the Chief Justice on 19.12.2022, upon which, it was directed
that the matter be listed as per roster on 09.01.2023. On this date,
no one appeared for the appellant. Therefore, the appeal was
Criminal Appeals @ SLP (Crl.) Nos.4509-4510 OF 2025 Page 2 of 6
adjourned for hearing on 06.02.2023 and, thereafter, on subsequent
dates, hearing did not materialise.
6. The above report of the Registrar General of the High Court
supports the averments made in these Appeals that the criminal
appeal pending before the High Court was heard and reserved for
orders on 24.12.2021, but the judgment was not delivered, and it was
directed to be relisted before the Regular Bench.
7. It is extremely shocking and surprising that the judgment was
not delivered for almost a year from the date when the appeal was
heard. This Court is repeatedly confronted with similar matters
wherein proceedings are kept pending in the High Court for more
than three months, in some cases for more than six months or years
wherein judgments are not delivered after hearing the matter. In
most of the High Courts, there is no mechanism where the litigant
can approach the concerned Bench or the Chief Justice bringing to
its notice the delay in delivery of judgment. In such situation, the
litigant loses his faith in the judicial process defeating the ends of
justice.
8. This Court in Anil Rai vs. State of Bihar1 dealt with such
state of affairs prevalent in some High Courts wherein after
conclusion of arguments, judgments are not pronounced for a period
spread over years. This Court made observations and issued
1 (2001) 7 SCC 318
Criminal Appeals @ SLP (Crl.) Nos.4509-4510 OF 2025 Page 3 of 6
guidelines as contained in paragraphs 9 and 10 of the judgment
which are quoted herein below for reference:
“9. It is true, that for the High Courts, no period for pronouncement
of judgment is contemplated either under the Civil Procedure Code or
the Criminal Procedure Code, but as the pronouncement of the
judgment is a part of the justice dispensation system, it has to be
without delay. In a country like ours where people consider the
Judges only second to God, efforts be made to strengthen that belief
of the common man. Delay in disposal of the cases facilitates the
people to raise eyebrows, sometimes genuinely which, if not checked,
may shake the confidence of the people in the judicial system. A time
has come when the judiciary itself has to assert for preserving its
stature, respect and regards for the attainment of the rule of law. For
the fault of a few, the glorious and glittering name of the judiciary
cannot be permitted to be made ugly. It is the policy and purpose of
law, to have speedy justice for which efforts are required to be made
to come up to the expectation of the society of ensuring speedy,
untainted and unpolluted justice.
10. Under the prevalent circumstances in some of the High Courts, I
feel it appropriate to provide some guidelines regarding the
pronouncement of judgments which, I am sure, shall be followed by
all concerned, being the mandate of this Court. Such guidelines, as
for the present, are as under:
(i) The Chief Justices of the High Courts may issue
appropriate directions to the Registry that in a case where the
judgment is reserved and is pronounced later, a column be added
in the judgment where, on the first page, after the cause-title,
date of reserving the judgment and date of pronouncing it be
separately mentioned by the Court Officer concerned.
(ii) That Chief Justices of the High Courts, on their
administrative side, should direct the Court Officers/Readers of
the various Benches in the High Courts to furnish every month
the list of cases in the matters where the judgments reserved are
not pronounced within the period of that month.
(iii) On noticing that after conclusion of the arguments the
judgment is not pronounced within a period of two months, the
Chief Justice concerned shall draw the attention of the Bench
concerned to the pending matter. The Chief Justice may also see
the desirability of circulating the statement of such cases in
which the judgments have not been pronounced within a period of
six weeks from the date of conclusion of the arguments amongst
the Judges of the High Court for their information. Such
communication be conveyed as confidential and in a sealed cover.
(iv) Where a judgment is not pronounced within three months
from the date of reserving it, any of the parties in the case is
permitted to file an application in the High Court with a prayer for
early judgment. Such application, as and when filed, shall be
listed before the Bench concerned within two days excluding the
intervening holidays.
Criminal Appeals @ SLP (Crl.) Nos.4509-4510 OF 2025 Page 4 of 6
(v) If the judgment, for any reason, is not pronounced within a
period of six months, any of the parties of the said lis shall be
entitled to move an application before the Chief Justice of the
High Court with a prayer to withdraw the said case and to make it
over to any other Bench for fresh arguments. It is open to the
Chief Justice to grant the said prayer or to pass any other order
as he deems fit in the circumstances.”
9. Some High Courts have adopted practice of pronouncing the
final order without reasoned judgment, which is not delivered for
substantial length of time depriving the aggrieved party of the
opportunity to seek further judicial redressal. Deprecating such
practice, this Court in State of Punjab and Ors. vs. Jagdev Singh
Talwandi2 issued directions which were restated time and again on
several occasions including in Zahira Habibulla H. Sheikh and
Anr. vs. State of Gujarat and Ors.3, Mangat Ram vs. State of
Haryana4 and Ajay Singh and Anr. vs. State of Chhattisgarh
and Anr.5 and two recent judgments in the matter of Balaji Baliram
Mupade and Anr. vs. State of Maharashtra and Ors.6 and Ratilal
Jhaverbhai Parmar and Ors. vs. State of Gujarat and Ors.7 in
which one of us (Justice Prashant Kumar Mishra) is a member and
K. Madan Mohan Rao vs. Bheemrao Baswanthrao Patil and
Ors.8.
10. It is not that the situation with which we are dealing in these
Appeals has arisen for consideration for the first time. The directions
2 (1984) 1 SCC 596
3 (2004) 4 SCC 158
4 (2008) 7 SCC 96
5 (2017) 3 SCC 330
6 (2021) 12 SCC 603
7 2024 INSC 801
8 2022 INSC 1025
Criminal Appeals @ SLP (Crl.) Nos.4509-4510 OF 2025 Page 5 of 6
have already been issued by this Court in Anil Rai (supra).
Therefore, what is required today is of adherence to the principles
laid down by this Court in Anil Rai (supra). We reiterate the
directions and direct the Registrar General of each High Court to
furnish to the Chief Justice of the High Court a list of cases where the
judgment reserved is not pronounced within the remaining period of
that month and keep on repeating the same for three months. If the
judgment is not delivered within three months, the Registrar General
shall place the matters before the Chief Justice for orders and the
Chief Justice shall bring it to the notice of the concerned Bench for
pronouncing the order within two weeks thereafter, failing which the
matter be assigned to another Bench.
11. The above direction is in addition to the guidelines/directions
issued by this Court in Anil Rai (supra).
12. The present Appeals stand disposed of with the above
observations and directions. Let a copy of this judgment be
circulated to the Registrar Generals of all the High Courts for
compliance.
………………………………………J.
(SANJAY KAROL)
…….……………………………….J.
(PRASHANT KUMAR MISHRA)
NEW DELHI;
AUGUST 25, 2025.
Criminal Appeals @ SLP (Crl.) Nos.4509-4510 OF 2025 Page 6 of 6
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