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2025 DAILYLAW 56959 (ALL)

SUMBUL KHATOON v. STATE OF U.P. AND ANOTHER

NA529/1359/2025 · 2025-05-26

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:90278 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1359 of 2025 Applicant :- Sumbul Khatoon Opposite Party :- State of U.P. and Another Counsel for Applicant :- Alauddin,Fakhruddin 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 S. C. No. 726 of 2023, arising out of case crime no.249 of 2023, under Section 376, 506 IPC, and 5/6 POCSO Act, Police Station- Bakhira, District- Sant Kabir Nagar pending in the Court of learned Additional Sessions Judge/ Special Judge (POCSO Act), Sant Kabir 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 relates to POCSO Act. It is further submitted that three prosecution witnesses have been recorded and the matter is pending for further prosecution evidence. It is further submitted that an Application U/S 482 Cr.P.C. No. 8085 of 2024 was preferred by one of the accused/ opposite party no.2 but however, no stay order was passed in the aforesaid proceeding so far. It is further submitted that in the POCSO Act itself stipulated time period has been mandated for the trial Court but however, the Court concerned is not taking proper interest in disposal of the said session trial. 4. Learned AGA opposed the prayer. 5. I have considered the submissions and perused the record. 6. In these circumstances, the trial Court is expected to pay attention to the mandatory provisions of the POCSO Act relating to the disposal of the aforesaid case in a time bound manner. It is directed that the aforesaid case must be decided within the stipulated period provided under the POCSO Act from today. 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 :- 27.5.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad