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2025 DAILYLAW 114558 (ALL)

PRINSI v. STATE OF U.P. THRU. SECY. MINISTRY OF HOME AFFAIRS U.P. LKO. AND 3 OTHERS

A482/331/2025 · 2025-01-22

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:4139 Court No. - 12 Case :- APPLICATION U/S 482 No. - 331 of 2025 Applicant :- Prinsi Opposite Party :- State Of U.P. Thru. Secy. Ministry Of Home Affairs U.P. Lko. And 3 Others Counsel for Applicant :- Ashish Kumar Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard Sri Ashish Kumar, learned counsel for the applicant, Sri Ajay Kumar Srivastava, learned AGA for the State of U.P. and perused the record. By means of this application, the applicant has prayed for the following main relief:- "It is, therefore, most respectfully prayed that this Hon'ble Court may be pleased to direct the the Additional District Judge/ Pocso Act Court No. 12 to record the statement under section 244 of Cr.P.C. of applicant/ Victim as Pw-1 in Special Session Trail No. 1144 of 2023, under section 363, 366, 376, 344 IPC and 7/8 Pocso Act, Police Station Kotwali Nagar (State Versus Gulab Chnadra) pending in the Court of Additional District Judge/ Pocso Act Court No. 12 Sultanpur, so that justice may be done and/or to pass such other and further order which this Hon'ble Court may deem fit and proper under the circumstances of the case." Considering the facts and circumstances of the case indicated in the application including the number of dates fixed before the trial court and also that the victim of the case had approached this Court seeking direction to the trial court to record to her statement at an early date and also Section 35 of the Protection of Children from Sexual Offences Act, 2012, as per which, the trial court should make all endeavour to conclude the trial within a period of one year, the instant application treating it to be under Section 529 Bharatiya Nagrik Suraksha Sanhita, 2023 is disposed of with an observation that the trial court would make all endeavour in regard to recording the statement of victim at an early date and also in regard to concluding the proceedings of the case, in issue, expeditiously. With the aforesaid, the instant application is disposed of. Order Date :- 22.1.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench