Neutral Citation No. - 2025:AHC:2757 Court No. - 71 Case :- APPLICATION U/S 482 No. - 34587 of 2024 Applicant :- Madhavi Gupta Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhay Kumar Dwivedi,Jyoti Mishra,Nagesh Kumar Dwivedi,Satish Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Nagesh Kumar Dwivedi, the learned counsel for applicant and the learned A.G.A. for State. 2. Perused the record. 3. Applicant-Madhavi Gupta who is first informant has approached this Court by means of present application under Section 482 Cr.P.C. with the following prayer:- "It is, therefore most respectfully prayed that this Hon'ble Court in the interest of justice may graciously be pleased to expide the Session Trial No.1013 of 2024 (State Vs. Sagar Singh Patel @ Raja Patel) in crime case no.0287 of 2023, under Section 376 (2) (N) I.P.C. P.S. Phaphamau, District Prayagraj is pending before Additional Session Judge/F.T.C. Room No.2, Prayagraj within stipulated time or to pass any such other and further order which this Hon'ble Court may deem fit and proper in the facts and circumstances of case, otherwise the applicant shall suffer grave irreparable loss and injury. 4. Learned counsel for applicant submits charge sheet/police report was submitted against accused opposite party-2 on 23.03.2024. Thereafter, Court below in exercise of jurisdiction under Section 228 Cr.P.C. framed charges against opposite party-2 under Section 376 (2) (N) I.P.C. vide framing of charge order dated 01.07.2024. Consequently, the trial procedure commenced. Applicant, who is first informant deposed before Court below as PW-1 and her statement-in-chief recorded. However, on account of non cooperating conduct of the accused her examination-in-chief could not be recorded. 5. Attention of the Court has invited to the provisions incorporated in IPC under the Amending Act, 2018. With reference to above, he submits that trial of an accused for sexual offence is to be completed expeditiously preferably within the period provided therein. On the above premise, he, therefore, contends that interest of justice shall be served in case, a positive direction is issued by this Court to concerned Court to conclude the proceedings of above-mentioned criminal case within a time period fixed by this Court. 6. Per contra the learned A.G.A. for State-opposite party-1 has vehemently opposed the present application. He submits that in view of the observations made in the Five Judges Bench judgment of Supreme Court in High Court Bar Association Allahabad Vs. State of U.P. 2024 SCC Online SC 207, the prayer prayed by means of present application cannot be granted by this Court. For ready reference, paragraphs 41 and 42 of the aforesaid report are extracted hereinunder:- "41. Apart from dealing with huge arrears, our trial courts face the challenge of dealing with a large number of cases made time-bound by our constitutional courts. Therefore, in the ordinary course, the constitutional courts should not exercise the power to direct the disposal of a case before any District or trial court within a time span. In many cases, while rejecting a bail petition, a time-limit is fixed for disposal of trial on the ground that the petitioner has undergone incarceration for a long time without realising that the trial court concerned may have many pending cases where the accused are in jail for a longer period. The same logic will apply to the cases pending before the High Courts. When we exercise such power of directing High Courts to decide cases in a time-bound manner, we are not aware of the exact position of pendency of old cases in the said courts, which require priority to be given. Bail petitions remain pending for a long time. There are appeals against conviction pending where the appellants have been denied bail. 42. Therefore, constitutional courts should not normally fix a time-bound schedule for disposal of cases pending in any court. The pattern of pendency of various categories of cases pending in every court, including High Courts, is different. The situation at the grassroots level is better known to the Judges of the courts concerned. Therefore, the issue of giving out-of-turn priority to certain cases should be best left to the courts concerned. The orders fixing the outer limit for the disposal of cases should be passed only in exceptional circumstances to meet extraordinary situations." 7. Learned A.G.A. contends that irrespective of above direction for time disposal can be issued by this Court provided an exceptional circumstance exits. However, no exceptional circumstances has been pleaded in the affidavit filed in support of present application warranting out of turn disposal of the concerned criminal case. On the above conspectus, the leaned A.G.A. therefore, contends that no interference is warranted by this Court in present application. 8. Having heard the learned counsel for applicant, the learned A.G.A. for State and upon perusal of record, this Court finds that in view of the order proposed to be passed in present application, no useful purpose shall be served in keeping this application pending. 9. Accordingly, this application is disposed off finally with a direction to Court concerned to decide Session Trial No.1013 of 2024 (State Vs. Sagar Singh Patel @ Raja Patel) in Crime Case No.0287 of 2023, under Section 376 (2) (N) I.P.C. P.S. Phaphamau, District Prayagraj with all expedition without granting any unnecessary adjournment to either of the parties and further undertake such measures so as to fullfil the mandate of law contemplated in the Amending Act of 2018 in IPC. The Court belo0w shall not grant exemption/stay to the accused in a routine manner but only if grave circumstances has been pointed out which is also evidenced by document if possible. Order Date :- 3.1.2025 Imtiyaz Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad