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2025 DAILYLAW 16613 (ALL)

SMT. SUMAN DEVI v. STATE OF U.P. AND 2 OTHERS

NA529/273/2025 · 2025-05-18

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:83783 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 273 of 2025 Applicant :- Smt. Suman Devi Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Anoop Tiwari,Pavan Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. This application under Section 529 BNSS has been filed with a prayer to direct the court concerned to decide the Special Sessions Trial No.792 of 2023, arising out of case crime no.346 of 2022, under Section 376D, 506 IPC, and 5G/6 POCSO Act, Police Station- Gola, District- Gorakhpur pending in the Court of learned Additional Sessions Judge/ Special (Rape and POCSO Act) Court No.2, Gorakhpur expeditiously within stipulated period. 2. Heard learned counsel for the applicant as well as learned A.G.A. for the State. 3. It is submitted by the learned counsel for the applicant that the matter relates to POCSO Act which was fixed for evidence but for non-appearance of one accused person the case was again fixed for appearance. It is further submitted that in the POCSO Act itself stipulated time period has been mandated for the trial Court but however, the Court concerned is not taking proper interest in disposal of the said session trial. 4. Learned AGA opposed the prayer. 5. I have considered the submissions and perused the record. 6. In these circumstances, the trial Court is expected to pay attention to the mandatory provisions of the POCSO Act relating to the disposal of the case. It is directed that the aforesaid case must be decided within the stipulated period provided under the POCSO Act from today without granting unnecessary adjournment to either of the parties. 8. It is also made clear that the Court / Presiding Officer is not the only stake holder in the trial and disposal of a case, hence, besides the P.O. concerned, all the stake holders i.e. police and executive authorities, counsels, parties to the case, staff etc. are also made bound by this order and it will be their responsibility also to assist the Court in every manner for the expeditious disposal of this case. 9. With the above observations, the application stands disposed of. Order Date :- 19.5.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad