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Neutral Citation No. - 2025:AHC:80385 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1410 of 2025 Applicant :- Dharmendra Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Devendra Kumar Singh,Satyawati 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 Case No. 502 of 2024, arising out of case crime no. 310 of 2023, under Sections 363, 366, 376 IPC and 3/4 POCSO Act, Police Station Dadon, District Aligarh, pending in the Court of Additional District and Sessions Judge / Special Judge (POCSO Act), Aligarh 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 applicant is the accused in the said case and case pertains to the year 2024 and only PW-1 has been examined so far before the trial court and the other witnesses are not turning-up. The Court concerned is not taking proper interest in disposal of the said case. 4. Learned AGA opposed the prayer. 5. I have considered the submissions and perused the record. 6. It reveals from the perusal of the order sheets that the statement of PW-1 has been recorded and it is pending at the stage of recording of the evidence of remaining witnesses. The Court takes cognizance of this fact that is a case under the POCSO Act and there is specific provision under the Act itself for disposal of such cases within the stipulated period of time. The Court expects that the trial court shall keep the said provisions into mind and make all possible efforts to dispose of the case under reference within the time provided under the Act itself without granting unnecessary adjournments to either of the parties, if there is no other legal impediment. 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 :- 15.5.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad