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Neutral Citation No. - 2025:AHC:109399 Court No. - 79 Case :- APPLICATION U/S 528 BNSS No. - 5115 of 2025 Applicant :- Smt Asha Mishra Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Jagdish Mishra,Pankaj Dwivedi Counsel for Opposite Party :- G.A.,Mamta Maurya,Ram Yash Maurya Hon'ble Prashant Kumar,J. Heard Sri Pankaj Dwivedi, learned Counsel for the applicant, Ms. Mamta Maurya, learned counsel for opposite party no.2, learned AGA for the State and perused the record.
2. The instant application under Section 482 Cr.P.C. has been filed for direction to the Court below to decide the trial of S.T. No.92 of 2003 (State v. Surendra Bir Singh & Others), arising out of Case Crime No.160 of 2002, under Sections 376, 511, 506 IPC, P.s. Nawabganj, District Allahabad within stipulated period.
3. Learned counsel for the applicant submits that the applicant has lodged an FIR on 17.04.2002 against opposite party no.2 with the allegation of committing rape in which after investigation chargesheet has been filed and the Court below has taken cognizance but the trial is pending since
2003.
4. Learned AGA states that no useful purpose will be served in calling for the counter affidavit and keeping the matter pending and an appropriate direction may be issued to the Court below to consider the grievance of the applicant within stipulated period.
5. Considering the facts and circumstances of the case, without going into its merit and with the consent of the parties, the instant application is
disposed off with a direction to the Court below to decide the trial of S.T. No.92 of 2003 (State v. Surendra Bir Singh & Others), arising out of Case Crime No.160 of 2002, under Sections 376, 511, 506 IPC, P.S. Nawabganj, District Allahabad pending before it expeditiously, on merits and in accordance with law, on day to day basis, preferably within a period of six months from the date of production of a certified copy of this order without granting any unnecessary adjournment to either side if there is no legal impediment.
Order Date :- 9.7.2025 S.P. Digitally signed by :- SANJAY PURI High Court of Judicature at Allahabad