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Neutral Citation No. - 2025:AHC:107452 Court No. - 83 Case :- APPLICATION U/S 529 BNSS No. - 1754 of 2025 Applicant :- X Minor Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dewarshi Kumar Rai,Kamlesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J.
1. This application under Section 529 of BNSS has been filed with a prayer to direct the court concerned to decide the Special Session Trial No. 985 of 2023, arising out of Case Crime No.136 of 2023 under Sections 376, 377, 354-D, 341, 384, 504, 528 IPC and 5(L)/6 POCSO Act and 67 I.T. Act, Police Station Babupurwa, Additional Sessions Judge, Court No.22, Kanpur Nagar, expeditiously within a 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 informant of the said case. It is also submitted that only one witness has been examined so far before the trial court. It is also submitted by the learned counsel for the applicant that after the period of two years the trial is still pending at the stage of appearance of the witnesses. The Court concerned has not succeeded to ensure their presence before it. 4. I have considered the submissions and perused the entire record. 5. A perusal of the record shows that the case is pending for recording of the evidence and so far only one witness has been examined before the trial court. It is reminded that the criminal Courts are never toothless or powerless to ensure compliance of its own orders by the concerned police and administrative authorities. They have got ample powers for the same under law itself. The trial court is expected to invoke its power to ensure service of process upon the witnesses, which is sent under its seal and order in order to procure their presence. 6. In the circumstances, the Court concerned is directed to invoke
the powers given to it under law to ensure the presence of the witnesses by sending appropriate process to them as early as possible and thereafter all endeavours shall be made by it for expeditious disposal of the case, preferably within nine months from the date of production of certified copy of this order before it, if there is no 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 :- 8.7.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad