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2025 DAILYLAW 35758 (ALL)

VISHAL CHAUHAN v. STATE OF U.P. AND 3 OTHERS

NA529/691/2025 · 2025-04-06

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:52879 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 691 of 2025 Applicant :- Vishal Chauhan Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Muktesh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. This application under Section 529 B.N.S.S. has been filed with a prayer to direct the Court of Addl. Session Judge / Special Judge, POCSO Act (Exclusive), Jaunpur to decide the S.S.T. No.257 of 2023, (State Vs. Vishal Chauhan) arising out of case crime no.237 of 2023 under Sections 363, 366, 376 IPC and Section 5-L/6 of POCSO Act, Police Station Chandawak, District Jaunpur pending before it, 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 the applicant is the accused in the said session trial and same is pending since 2023. It is also submitted that only dates are being fixed in the matter. The Court concerned is not taking proper interest in disposal of the said session trial. The case is pending at the stage of evidence. The prosecutrix has been examined and three other witnesses have also been examined and formal witnesses are to be produced by the prosecution. 4. Learned AGA opposed the prayer. 5. I have considered the submissions and perused the record. 6. It reveals from the perusal of the order sheets that the case is pending at the stage of evidence. Witnesses are not turning up for evidence causing unnecessarily delay in the trial. 7. 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" 8. Learned counsel for the applicant has not shown any exceptional circumstances to issue direction for time bound disposal of the said session trial at this stage. However, in view of the aforesaid, the present application is disposed of with a direction to the court concerned to make all endeavours for expeditious disposal of the aforesaid session trial, if there is no legal impediment. It is further directed that no unnecessary adjournment will be sought/granted. 9. 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. 10. With the above observations, the application stands disposed of. Order Date :- 7.4.2025 ss Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad