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Neutral Citation No. - 2025:AHC:101182 Court No. - 83 Case :- APPLICATION U/S 529 BNSS No. - 1488 of 2025 Applicant :- Neha Nishad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vinay Kumar Jaiswal,Vivekanand Yadav 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 Special Sessions Trial No.539 of 2020, arising out of case crime no. 24 of 2020, under Sections 376, 452, 506 IPC and 5/6 POCSO Act, Police Station Khajani, District-Gorakhpur pending in the Court of Additional Sessions Judge/ Special Judge POCSO Act-Ist, Gorakhpur 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 before this Court is the complainant/ victim in the said case and after framing of the charge the matter was fixed for evidence since 30.4.2021 but only three witnesses have been examined so far by the prosecution. 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 the circumstances, the Court concerned is directed to invoke the powers given to it under the CrPC to ensure the presence of the witnesses by sending appropriate process within six months from the date of production of certified copy of this order before it and thereafter all endeavours shall be made by it for expeditious disposal of the case, if there is no legal impediment. It is further directed that no unnecessary adjournment will be sought/granted.
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 :- 1.7.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad