Neutral Citation No. - 2025:AHC:29324 Court No. - 71 Case :- APPLICATION U/S 482 No. - 43195 of 2024 Applicant :- Sahil And Another Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Haroon Rasheed,Riyajuddin Ansari Counsel for Opposite Party :- G.A.,Kuldeep Kumar Gupta,Sarwam Dwivedi Hon'ble Rajeev Misra,J. 1. Heard Mr. Riyajuddin Ansari, the learned counsel for applicants and the learned A.G.A. for State. 2. Perused the record. 3. Applicants-Sahil And Another, who are charge sheeted accused and facing trial before Court below, have approached this Court by means of present application under Section 528 BNSS . with the following prayer:- "It is, therefore, most respectfully prayed that this Hon'ble Coun may graciously be pleased to quash the order dated 22.10.2024 passed by Learned Additional Special Judge / POCSO-II, Gautam Buddh Nagar in the special sessions case no. 186 of 2020 (State vis Sahil and another) under sections 363, 377, 302, 201 1.P.C. and 5/6 POCSO Act, pending before the Court of Additional Special Judge /POCSO-II, Gautam Buddh Nagar arising out of case crime no. 150 of 2020, Police Station Jewar, District Gautam Buddh Nagar. It is further prayed that this Hon'ble Court may graciously be pleased to stay the effect and operation of the impugned order dated 22.10.2024 passed by Learned Additional Special Judge / POCSO-II, Gautam Buddh Nagar, in the special sessions case no. 186 of 2020 (State v/s Sahil and another) under sections 363, 377, 302, 201 I.P.C. and 5/6 POCSO Act, pending before the Court of Additional Special Judge / POCSO-II, Gautam Buddh Nagar arising out of case crime no. 150 of 2020, Police Station Jewar, District Gautam Buddh Nagar, during the pendency of the present application before this Hon'ble Court. And/or to pass such other and further order which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case; otherwise, the Applicants shall suffer irreparable loss and injury which cannot be compensated in any terms." 4. After some arguments, the learned counsel for applicants gave up the prayer prayed for by means of present application. He, however, submits that interest of justice shall be served in case a direction is issued by this Court to Court below to expedite the trial of applicants. 5. Learned A.G.A. submits that he cannot have any objection to the equitable prayer made by the learned counsel for applicants. 6. Having heard, the learned counsel for applicants, the learned A.G.A. for State and upon perusal of record and considering the fact that trial of an accused in criminal case a serious matter coupled with the fact that right to speedy trial is a fundamental right to an accused as explained by the Apex Court in the case of A.R. Antulay Vs. R.S. Nayak, 1992 (1) SCC 225 as well as provisions contained in Section 309 Cr.P.C./346 BNSS, this Court finds that no useful purpose shall be served in keeping this application pending. 7. Accordingly, this application is disposed off finally with a direction to Court below to proceed with Special Sessions Case No. 186 of 2020 (State vs Sahil and another) arising out of Case Crime No. 150 of 2020, under sections 363, 377, 302, 201 1.P.C. and 5/6 POCSO Act, Police Station Jewar, District Gautam Buddh Nagar, now pending in the Court of the Court of Additional Special Judge /POCSO-II, Gautam Buddh Nagar with all expedition without granting any unnecessary adjournment to either of the parties, exemption from appearing to the accused except under exceptional circumstances and adopt all such measures as are available under the Code (Cr.P.C.) regarding summoning/production of witnesses. The Court shall further be guided by the provisions contained in Section 309 Cr.P.C. and Section 346 BNSS. Order Date :- 28.2.2025 Imtiyaz Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad