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2025 DAILYLAW 61174 (ALL)

USHA DEVI v. STATE OF U.P. AND 3 OTHERS

NA529/1611/2025 · 2025-05-22

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:88284 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1611 of 2025 Applicant :- Usha Devi Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Anil Kumar Rajak,Sushama Kumari 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 Special Judge (POCSO Act), Jaunpur to decide the Special Session Trial No. 15 of 2024, arising out of case crime no. 0073 of 2023, under Sections 363, 366, 504, 352, 376 IPC and Section 5/6 POCSO Act, Police Station Meerganj, District Jaunpur expeditiously. 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 applicant is the informant and the aforesaid S.S.T. is pending since 2024. It is also submitted that the matter is pending at the stage of appearance of the accused persons. It is next submitted that no sincere efforts are being made by the Court concerned to decide the said special session trial. It is further submitted that the opposite party nos.2 to 4 are applying delaying tactics in disposal of the said case. They are not appearing before the Court concerned. 4. A perusal of the copies of the order sheets goes to show that the aforesaid special session trial is pending since 2024. It also appears that the matter is pending at the stage of appearance. In the circumstances, the trial court is directed to make all possible efforts and to use its power attributed to it by law to procure the attendance of the opposite party nos. 2 to 4 before the Court and thereafter make all possible endeavours to dispose of the special session trial under reference as expeditiously as possible preferably within the period provided under the POCSO Act itself 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 :- 23.5.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad