Neutral Citation No. - 2025:AHC:71416 Court No. - 70 Case :- APPLICATION U/S 482 No. - 40898 of 2024 Applicant :- Kumari Radha Devu Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Santosh Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Santosh Kumar Yadav, the learned counsel for applicant, the learned A.G.A. for State opposite party-1 and Mr. Sharad Kumar Srivastava, the learned counsel representing opposite party-4. 2. Present application came up for admission on 01.04.2025 and this Court passed the following order:- "1. Supplementary affidavit filed by the learned counsel for applicant in Court today, is taken on record. 2. Heard Ms. Bipasa Singh, Advocate holding brief of Mr. Santosh Kumar Yadav, the learned counsel for applicant and the learned A.G.A. for State - opposite party no.1. 3. Perused the record. 4. Applicant - Kumari Radha Devi 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 may graciously be pleased to allow this application and direct the learned Trial Court to decide Special Sessions Trial No.445 of 2020 (State v. Ravi Shankar Yadav) in Case Crime No.404 of 2020, under Sections 376, 506 I.P.C. and 3/4 POCSO Act, Police Station Kotwali, District Fatehpur expeditiously as possible as within short stipulated which is pending in the Court of Additional Sessions Judge/Exclusive Judge POCSO Act Fatehpur, otherwise the applicant will suffer irreparable loss and injury, and/or to pass such other and further order which this Hon'ble Court may deem fit and proper in the circumstances of the case." 5. Record shows that the criminal prosecution of accused/opposite party no.4/Ravi Shankar Yadav was set in motion when an FIR dated 27.06.2020 was lodged by first informant/applicant and was registered as Case Crime No.0404 of 2020, under Sections 376, 506 I.P.C. and Section 3/4 POCSO Act, Police Kotwali, District Fatehpur. 6. After completion of statutory investigation in aforementioned case crime number, Investigating Officer submitted the charge sheet/police report dated 27.07.2020 in terms of Section 173(2) Cr.P.C. 7. Since offence complained of is triable by Court of Sessions, therefore, the jurisdictional Magistrate in line with Section 209 Cr.P.C. committed the case to Court of Sessions. Resultantly, Sessions Trial No. 445 of 2020 (State Vs. Ravi Shankar Yadav) under sections 376, 506 IPC and Section 3/4 POCSO Act, Police Kotwali, District Fatehpur came to be registered. 8. Learned counsel for applicant submits that in spite of the fact that period of more than 4 years and 6 months has rolled by since the framing of charge order passed by court below, the trial of accused opposite party no.4 has not yet concluded. Referring to the provisions contend in Section 35(2) of the POCSO Act, it is urged by the learned counsel for applicant that the court below was under a legislative mandate to conclude the trial within the time period provided in aforementioned Section. However, the legislative mandate has been given a complete go by. 9. In view of above, let a report be submitted by the Presiding Officer before whom aforementioned trial is pending explaining the circumstances as to why on account of which the legislative mandate could not be complied with. The requisite report shall be submitted on or before 22.04.2025. 10. Matter shall re-appear as fresh on 23.04.2025." 3. In compliance of above order dated 01.04.2025 Court below has submitted its report dated 22.04.2025 which is on record. 4. From perusal of record, it transpires that the statement of the accused opposite party-4 under Section 313 Cr.P.C. has already been recorded. Applicant who is first informant filed an application (Paper 31A) which is pending consideration before Court below. However, from perusal of the affidavit filed in support of this application, it is apparent that no averment regarding aforementioned application and its pendency before Court below has been made. As such, applicant has approached this Court by concealing material facts. In view of above, this Court does not find any good ground to interfere in this application. 5. As a result, the present application fails and is liable to be dismissed. 6. It is, accordingly, dismissed. Order Date :- 5.5.2025 Imtiyaz Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad