Neutral Citation No. - 2025:AHC:37246 Court No. - 70 Case :- APPLICATION U/S 528 BNSS No. - 6343 of 2025 Applicant :- Harish Chandra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sandeep Maniji Bakhshi Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Sandeep Maniji Bakhshi, the learned counsel for applicant and the learned A.G.A. for State. 2. Perused the record. 3. Applicant- Harish Chandra, has approached this Court by means of present application under Section 528 BNSS with the following prayer:- "In view of the facts and circumstances enumerated in the affidavit, it is therefore, most respectfully prayed that this Hon'ble court may kindly be pleased to direct the learned trial court/District and Sessions Judge, Siddharthnagar to release the mobile phone i.e. Realme Model No. RMX1921, ΙΜΕΙ ΝΟ. 862672048290558 and ΙΜΕΙ No. 862672048290541, SIM No.7081830132, 7290938143 in favour of the applicant which has been confiscated by the investigating officer during investigation from the applicant, during the pendency of the trial in S.T. No. 1210 of 2021 State Vs. Harish Chandra arising out of Case Crime No. 79 of 2021 under Sections 376, 504, 506 I.P.C. and Section 67 I.T. Act, Police Station Jogiya Udaipur, District Siddharthnagar pending in the Court of Additional Sessions Judge, Court No.1, Siddharthnagar. It is further prayed that this Hon'ble court may direct the trial court to take appropriate decision over the application 27.06.2022 filed by the applicant, otherwise petitioners shall suffer irreparable loss and injury." 4. Learned counsel for applicant submits that applicant had filed application dated 27.06.2022 before Court below seeking release of goods recovered from the person of applicant. However, even though, a period of more than 2 years and 6 months has rolled by, aforesaid application has not yet been decided by Court below. He therefore, contends that interest of justice shall be served in case, a positive direction is issued by this Court to concerned Court to decide the aforementioned application within a time period fixed by this Court. 5. Learned A.G.A. for State-opposite party-1 has no objection to the equitable prayer made by the learned counsel for applicant. 6. Having heard, the learned counsel for applicant, the learned A.G.A. for State-opposite party-1 and upon perusal of record, this Court finds that no useful purpose shall be served in keeping this application pending. 7. Accordingly, this application is disposed of finally with a direction to Court concerned to decide the release application dated 27.06.2022 filed by applicant preferably within a period of one month from the date of presentation of a certified copy of this order. Court below shall be guided by the judgment of Supreme Court in Sunderbhai Ambalal Desai Vs. State of Gujarat (2002) 10 SCC 283. Order Date :- 17.3.2025 Imtiyaz Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad