PANAMATI ALIAS PANMATI DEVI v. STATE OF U.P. AND 2 OTHERS
NA528/8585/2025 · 2025-04-22
Rajeev Misra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 30217 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 30217 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:61866 Court No. - 70 Case :- APPLICATION U/S 528 BNSS No. - 8585 of 2025 Applicant :- Panamati Alias Panmati Devi Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Girish Pandey,Manoj Kumar Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. Heard Mr. Girish Pandey,, the learned counsel for applicant and the learned A.G.A. for State opposite party 1. Perused the record. Applicant Panamati Alias Panmati Devi, who is the first informant, has approached this Court by means of present application under Section 528 B.N.S.S. with the following prayer:-
"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow this application and direct the Additional Sessions Judge/Special Judge, Pocso Act, Court No.1, Gorakhpur to decide the Sessions Case No.905 of 2024 (State Versus Ganesh Nishad and others) arising out of Case Crime No.264 of 2024, Under Sections 363, 376 I.P.C. and Section 3/4 of the Protection of Children from Sexual Offences Act, 2012 relating to Police Station Pipraich, District Gorakhpur expeditiously within a time bound period as may be fixed by this Hon'ble Court, failing which applicant shall suffer irreparable loss and injury and/or pass such other and further order which this Hon'ble court deem may fit circumstances of the case. and proper in the facts circumstances of the case." At the very outset, the learned counsel for applicant fairly submits that since charges have not yet been framed by Court below against accused opposite parties 2 and 3, therefore, prayer made for in this application is misconceived. He, therefore, contends that this application be, accordingly, dismissed as withdrawn with liberty to file fresh with better particulars, details and proper relief at appropriate stage. Prayer made by the learned counsel for applicant is not opposed by the learned A.G.A. Accordingly, it is allowed.
The present application is thus dismissed as withdrawn with liberty to applicant to file fresh at appropriate stage giving better particulars and details. Certified copies of documents appended along with this application shall be returned to the learned counsel for applicant after obtaining photo copies of the same to be kept on record. Order Date :- 23.4.2025 HSM Digitally signed by :- HARI SHANKER MISHRA High Court of Judicature at Allahabad