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2025 DAILYLAW 147878 (ALL)

RAISH AHMAD v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME LKO. AND 3 OTHERS

A482/5243/2025 · 2025-07-02

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:37343 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5243 of 2025 Applicant :- Raish Ahmad Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. And 3 Others Counsel for Applicant :- Pramod Kumar Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Pramod Kumar, the learned counsel for the applicant and Sri Manish Kumar Pandey, the learned A.G.A.-I appearing on behalf of the State. 2. By means of the instant application filed under Section 428 Cr.P.C, the applicant has challenged the validity of impugned cognizance order dated 09.07.2015 passed by learned Additional Sessions Judge/Special Judge, POCSO Act, Room No. 6, Sultanpur (Now in Court of Learned District and Session Judge/FTC II,) Sultanpur in Criminal Case No./Special Session Trial No. 97/15 titled as "State Vs. Raish Ahmad" arising out of Case Crime No. 306 of 2014, under Sections 363, 366, 376 I.P.C and 7/8 of POCSO Act, Police Station Motigarh, District Sultanpur. 3. After advancing submission at some length, learned counsel for the applicant restricted his submissions to the part of the prayer made in the application to the effect that a direction be issued for expeditious disposal of the trial. 4. The learned counsel for the applicant submitted that Prevention of Children from Sexual Offences (POCSO) Act provides that trial under the aforesaid Act shall be concluded in Section 35 of the POCSO Act. The trial in the present case is pending since the year 2015. 5. Keeping in view the aforesaid facts, the present case is disposed of by issuing a direction to the learned District and Session Judge/FTC II, Sultanpur to proceed with Criminal Case No./Special Session Trial No. 97/15 titled as " State Vs. Raish Ahmad" arising out of Case Crime No. 306 of 2014, under Sections 363, 366, 376 I.P.C and 7/8 of POCSO Act, Police Station Motigarh, District Sultanpur expeditiously and decide the same at the earliest keeping in view the provision contained in Section 35 of POCSO Act, without granting any unnecessary adjournment to any of the parties. (Subhash Vidyarthi,J.) Order Date :- 2.7.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench