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2025 DAILYLAW 56421 (ALL)

SANJAY SINGH v. STATE OF U.P. AND ANOTHER

NA529/1333/2025 · 2025-05-11

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:77010 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1333 of 2025 Applicant :- Sanjay Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Krishna Yadav,Subhash Chandra Yadav Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. This application under Section 529 Bhartiya Nagrik Suraksha Sanhita (hereinafter referred to as B.N.S.S.) has been filed with a prayer to direct the learned trial court to decide Criminal Case No. 52 of 2023 (Sate Vs. Pramod Kumar), arising out of Case Crime No. 28 of 2018, under Sections 363, 366, 376(3), 376(2)(n) I.P.C. and Section 5(L)/6 of the Protection of Children from Sexual Offences Act, 2012, Police Station Churkhi, District Jalaun, pending in the court of learned Additional District and Sessions Judge/Special Judge (POCSO Act), Jalaun at Orai, 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 present case relates to the year 2023 and pertains to POCSO Act. It is further submitted that all the witnesses of fact have been examined but the prosecution is not producing the formal witnesses before the court. 4. Learned AGA opposed the prayer. 5. I have considered the submissions and perused the record. 6. In the facts and circumstances of the case, the learned trial court is directed to decide the Criminal Case No. 52 of 2023 (Sate Vs. Pramod Kumar), arising out of Case Crime No. 28 of 2018, under Sections 363, 366, 376(3), 376(2)(n) I.P.C. and Section 5(L)/6 of the Protection of Children from Sexual Offences Act, 2012, Police Station Churkhi, District Jalaun, pending in the court of learned Additional District and Sessions Judge/Special Judge (POCSO Act), Jalaun at Orai keeping in view the mandate of the of the provisions of B.N.S.S. positively within a period of six months from the date of production of certified copy of this order before it without granting any unnecessary adjournment to either of the parties, if there is no legal impediment. 7. 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 execution authorities, advocates, parties to the case, staff 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 :- 12.5.2025 Rmk. Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad