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Neutral Citation No. - 2025:AHC:79632 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1326 of 2025 Applicant :- Shobha Devi Opposite Party :- State Of U.P. And 3 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 B.N.S.S. has been filed with a prayer to direct the court concerned to decide the Complaint Case No.74 of 2022 (Shobha Devi Vs. Radhey Shyam) under Sections 376, 511, 504, 506 IPC and Section 3/4 POCSO Act, Police Station Jhangaha, District Gorakhpur, pending in the Court of Addl. Session Judge / Special Judge, POCSO Act, Court No.1, Gorakhpur, expeditiously within a stipulated period.
2. Heard learned counsel for the applicant as well as learned A.G.A. for the State.
3. It has been submitted by the learned counsel for the applicant that the applicant before this Court is the complainant in this case, which is pending since 2022. Accused has been summoned by the court but he is not appearing and the matter is still pending at the stage of appearance of the accused. Therefore, prayer has been made to decide the aforesaid case expeditiously within a stipulated period.
4. Since the matter relates to POCSO Act, learned trial court is expected to be more vigilant and sensitive while dealing with the cases under the POCSO Act wherein the victim of the case is a minor girl.
5. In the circumstances, the court concerned is directed to make all possible efforts and to use its power attributed to it by law to procure the attendance of the accused before the Court within a period of one month from the date of production of certified copy of this order before it and thereafter all endeavours shall be made by it for the expeditious disposal of the aforesaid case, preferably within a period of one year, if there is no legal impediment.
6. With the above observations, the application stands disposed of. Order Date :- 12.5.2025 ss Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad