SMT NISHA DEVI PANDEY v. STATE OF U.P. AND 3 OTHERS
NA529/1421/2025 · 2025-05-15
Nalin Kumar Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 56991 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 56991 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:81546 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1421 of 2025 Applicant :- Smt Nisha Devi Pandey Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Jai Shanker Misra,Vijai Shanker Shukla Counsel for Opposite Party :- Ashish Mishra Hon'ble Nalin Kumar Srivastava,J.
1. The name of Shri Ashish Mishra, learned counsel for the applicant has wrongly been shown on behalf of opposite parties, office is directed to rectify the error. 2. This application under Section 529 BNSS has been filed with a prayer to direct the court concerned to decide the Sessions Trial No. 1988 of 2022 in crime no. 527 of 2018 under Sections 376D, 506, 504 I.P.C., Police Station- Meja, District- Prayagraj pending in the Court of learned Additional District Judge/ Fast Track Court, R.No.I, Allahabad expeditiously within stipulated period. 3. Heard learned counsel for the applicant as well as learned A.G.A. for the State. 4. It is submitted by the learned counsel for the applicant that the present case relates to the offence of gang rape and the applicant before this Court is the prosecutrix but since the statement under Section 164 Cr.P.C. is not available on record her evidence could not be recorded and the trial Court proceeded to record the evidence of other witnesses but the prosecution is not taking any interest in adducing the evidence before the Court causing unnecessary delay in this sensitive case. 5. Learned AGA opposed the prayer. 6. I have considered the submissions and perused the record. 7. In the circumstances, it is directed that the trial Court shall make all endeavours to find out the statement under Section 164 Cr.P.C. and if possible efforts should be made for the reconstruction of the same and an enquiry may also be initiated and after the reconstruction, if made, rest of the witnesses be recorded. 8. The Court expects that the trial Court shall make all possible
endeavours without taking any unnecessary adjournment from either of the side to conclude the evidence of the case and then shall further proceed to dispose of the case finally as expeditiously as possible. 9.
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. 10. With the above observations, the application stands disposed of. Order Date :- 16.5.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad