Archive · 27 Jan 2026
HC Directs Trial Courts to Frame Charges
The Allahabad High Court has told all trial courts in Uttar Pradesh not to delay charging someone in a criminal case just because the accused person has asked a higher court to review the decision.
The court said that trial courts must proceed with framing charges if they have already decided not to discharge the accused, unless a higher court has specifically stopped the proceedings.
This is to prevent unnecessary delays in the legal process.
The court made this decision while dismissing a petition from a retired government employee who was accused in a 2004 cheating case.
Allahabad High Court directed trial courts not to defer framing of charges due to pending revision petitions.
The court expressed concern over trial courts adjourning charge framing due to pending revision petitions without stay orders.
The direction was passed while dismissing a petition by Avanish Chandra Srivastava, a retired government employee accused in a 2004 cheating case.
The High Court stated that trial courts have a statutory duty to frame charges if a discharge plea is rejected unless a higher court has stayed the order.
The court observed that merely filing a criminal revision or appeal does not stay the proceedings of the trial court.
- Who
- Allahabad High Court and Avanish Chandra Srivastava
- What
- High Court directed trial courts not to defer framing of charges due to pending revision petitions
- When
- Order passed on January 8, case from 2004
- Where
- Uttar Pradesh, India
- Why
- To address the trend of trial courts deferring charge framing due to pending revision petitions without stay orders
- Court
- Allahabad High Court
- Petitioner
- Avanish Chandra Srivastava
- Case Year
- 2004
- Order Date
- January 8
- Issue
- Deferring charge framing due to pending revision petitions
- Judge
- Justice Chawan Prakash