Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:80292 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1414 of 2025 Applicant :- Soni Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Diwanshu Tiwari,Shailesh Kumar Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J.
1. The present application under Section 529 BNSS has been filed with a prayer to direct the Additional Sessions Judge/FTC-II, Allahabad to decide the Case No. 63 of 2023, arising out of case crime no. 680 of 2022, under Sections 376(2)(n), 506 IPC, Police Station Meja, District Prayagraj expeditiously within a stipulated period.
2. Heard learned counsel for the applicant, learned AGA and perused the material available on record.
3. It is submitted by learned counsel for the applicant that the aforesaid case was filed in 2023. The case is pending at the stage of evidence of PW-1/ applicant herself. It is next submitted that no sincere efforts are being made by the Court concerned to decide the said case. It is further submitted that the opposite party no.2 is also applying delaying tactics in disposal of the said case.
4. A perusal of the copies of the order sheets goes to show that the aforesaid case is pending at the stage of evidence of PW-1. Cross- examination of PW-1-applicant is going on. Since the case relates to sexual offence, the trial court is expected to take such cases with more sincerity. It is also clarified that the exemption application moved by the accused through counsel is never treated as an adjournment application. In the circumstances, the trial court is
directed to make all possible efforts to conclude the cross- examination of PW-1 within three dates from the date of production of certified copy of this order before it and thereafter all possible endeavours be made to dispose of the case under reference as expeditiously as possible without granting any unnecessary or long adjournments to either of the parties, if there is no other legal impediment.
5. 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.
6. With these observations, the application is finally disposed of.
Order Date :- 15.5.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad