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2025 DAILYLAW 35300 (ALL)

MAHADEV v. STATE OF U.P.

NA529/714/2025 · 2025-04-07

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:50942 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 714 of 2025 Applicant :- Mahadev Opposite Party :- State of U.P. Counsel for Applicant :- Jitendra Singh,Vipin Kumar 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 expedite the hearing of Session Case No. 607 of 2023, arising out of case crime no. 170 of 2023, under Sections 376 (3), 504, 506 I.P.C. and 5/6 POCSO Act and 67 Information Technology Act, Police Station- Lalganj, District- Basti pending in the Court of Special Judge POCSO Act, Basti expeditiously within a 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 in the aforesaid criminal case charge sheet was filed in the year 2023 and the Court concerned took cognizance thereon. It is also submitted that only two witnesses have been examined so far. The trial court is not taking any interest for disposal of the case. 4. I have considered the submissions and perused the entire record. 5. It appears from the perusal of the record that this matter pertains to POCSO Act but the trial court is not taking required interest in disposal of the case which requires speedy trial being a case under POCSO Act. 5. The applicant has made a prayer for expeditious disposal of the aforementioned case in a time bound manner. The Hon'ble Supreme Court in a recent judgement dated 29.2.2024 passed in the case of High Court Bar Association, Allahabad Vs State of U.P and others, (2024) 6 SCC 267 has held as under :- "Constitutional Courts, in the ordinary course, should refrain from fixing a time-bound schedule for the disposal of cases pending before any other Courts. Constitutional Courts may issue directions for the time-bound disposal of cases only in exceptional circumstances. The issue of prioritising the disposal of cases should be best left to the decision of the concerned Courts where the cases are pending; and" 6. Learned counsel for the applicant has not shown any exceptional circumstances to issue direction for time bound disposal of the present case at this stage. However, in view of the aforesaid, the present application is disposed of with a direction to the court concerned to decide the aforesaid case expeditiously without granting unnecessary adjournment to either of the parties. 7. The present application is accordingly disposed of with the aforesaid direction. Order Date :- 8.4.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad