Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:61302 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 362 of 2025 Applicant :- Usha Devi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gayanendra Kumar,Manish Tandon Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J.
1. The present application under Section 529 BNSS has been filed with a prayer to direct the Exclusive Special Judge (POCSO Act), Fatehpur to decide the Special Session Trial No. 113 of 2019, arising out of case crime no. 0012 of 2019, under Sections 452, 354 IPC and Section 7/8 POCSO Act, Police Station Khakhredu, District Fatehpur expeditiously within a stipulated period.
2. Heard learned counsel for the applicant, learned AGA and perused the material available on record.
3. It is submitted by learned counsel for the applicant that the applicant is the informant and the aforesaid S.S.T. is pending since
2019. It is also submitted that the matter is pending at the stage of evidence of PW-4 - doctor. It is next submitted that no sincere efforts are being made by the Court concerned to decide the said special session trial. It is further submitted that the opposite party no.2 is also applying delaying tactics in disposal of the said case.
4. A perusal of the copies of the order sheets goes to show that the aforesaid special session trial is pending since 2019. It also appears that the matter is pending at the stage of evidence of PW-4. Charges have been framed under POCSO Act also. In the circumstances, the trial court is directed to make all possible efforts and to use its power attributed to it by law to procure the attendance of the PW-4 before the Court and thereafter make all possible endeavours to dispose of the special session trial under reference as expeditiously as possible preferably within a period of three months from the date of production of certified copy of this
order before it without granting any unnecessary or long adjournments to either of the parties, if there is no other legal impediment.
5. 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.
6. With these observations, the application is finally disposed of.
Order Date :- 23.4.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad