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2025 DAILYLAW 41644 (ALL)

JAGDISH YADAV v. STATE OF U.P. AND 3 OTHERS

NA529/939/2025 · 2025-05-18

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:83387 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 939 of 2025 Applicant :- Jagdish Yadav Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Surendra Prasad Yadav 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 decide the Criminal Case No. 06 of 2020, arising out of case crime no. 201 of 2019, under Sections 354-ga, 506 IPC, 7/8 POCSO Act and 67-B I.T. Act, Police Station Mohanana, District Siddharth Nagar pending in the Court of Additional Sessions Judge / Special Judge (POCSO Act), Siddharth Nagar expeditiously within 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 matter is pending before the J.J. Board, Siddharth Nagar since 2020 but as of now no evidence has been adduced by the prosecution. It is also submitted that the opposite party nos.2 to 4 are not cooperating with the Court concerned and are adopting delaying tactics in disposal of the said case and only dates are being fixed in the matter. The Court concerned is not taking proper interest in disposal of the said case. 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 F.I.R. in this case was lodged in the year 2019 and the case is pending at the stage of evidence but no evidence is being adduced by the prosecution. In the circumstances, the J.J. Board is directed to make all possible endeavours for expeditious disposal of the case, preferably within the provided under the POCSO Act itself, if there is no legal impediment. It is further directed that no unnecessary adjournment will be sought/granted. 7. 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. 8. With the above observations, the application stands disposed of. Order Date :- 19.5.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad