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2025 DAILYLAW 52078 (ALL)

SMT. LAXMINA DEVI v. STATE OF U.P. AND 3 OTHERS

NA529/1285/2025 · 2025-05-14

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:80173 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1285 of 2025 Applicant :- Smt. Laxmina Devi Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Om Singh Rathaur,Subhash Gosain 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 Sessions Trial No. 441 of 2024 in case crime no. 150 of 2024 under Sections 376, 504, 506 I.P.C. and 3(1)Da, 3(1)Dha, 3(2)v, 3(2)va of SC/ST Act, Police Station- Barriya, District-Ballia pending in the Court of learned Additional Sessions Judge/ Special Judge SC/ST Act, Ballia 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 aforesaid case is a police chalani case and the applicant before this Court is the informant in the said case. It is further submitted that the case is pending at the stage of cross examination of victim/ P.W.1, which is continued. It is also submitted that the opposite parties/ accused persons 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 perusal of the record that the accused, who is on bail is trying to threatened the said witness. However, under the witness protection scheme the witness/ P.W.1/ victim and the informant who is also a witness in this case may make a request before the Court concerned under the witness protection scheme to provide protection to them. 7. In the circumstances, there is no need to issue any direction to the trial Court because the evidence of P.W.1 is going on and the Court itself is vigilant for the expeditious disposal of the case. 8. In view of the above, the application is disposed of. Order Date :- 15.5.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad