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2025 DAILYLAW 49290 (ALL)

SADHANA CHAUHAN v. STATE OF U.P. AND 4 OTHERS

NA529/1163/2025 · 2025-05-07

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:74710 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1163 of 2025 Applicant :- Sadhana Chauhan Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Vinay Kumar Singh 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 Complaint Case No. 489 of 2024, under Sections 354, 506 IPC and 7/8 POCSO Act, Police Station Chauri Chaura, District Gorakhpur pending in the Court of Special Judge (POCSO Act)-1st, Gorakhpur, expeditiously within a stipulated period. 2. Heard learned counsel for the applicants as well as learned A.G.A. for the State. 3. It is submitted by the learned counsel for the applicants that the aforesaid case was filed in the year 2024 but still the matter is pending. The applicant is the minor girl and the present application has been filed through guardian. The accused persons have appeared before the Court. It is also submitted that the Court concerned is not taking proper interest to decide the said case expeditiously though the case is under the POCSO Act. 4. Learned AGA opposed the prayer. 5. I have considered the submissions and perused the entire record. 6. It reflects from the perusal of the order sheets that the aforesaid case is pending since the year 2024. The accused persons have appeared before the Court. Since this is a case under the POCSO Act, the trial court is expected to be vigilant and attentive for disposal of the case. Hence, the Court concerned is directed to make all endeavours for expeditious disposal of the case, preferably within a period of one year from the date of production of certified copy of this order before it, if there is no legal impediment. 7. It is also made clear that the Court / Presiding Officer is not the only stake holder of the trial and disposal of a case, hence, besides the P.O. concerned, all the stake holders i.e. police and execution authorities, advocates, 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 :- 8.5.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad