Neutral Citation No. - 2025:AHC:8331 Court No. - 71 Case :- APPLICATION U/S 482 No. - 1315 of 2025 Applicant :- Ramdhyan Gupta Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ankit Mishra Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Ankit Mishra, the learned counsel for applicant and the learned A.G.A. for State. 2. Perused the record. 3. Applicant, who is informant in concerned criminal case has approached this Court by means of the present application under Section 482 Cr.P.C. with the following prayer: "It is, therefore, Most Respectfully prayed that this Hon'ble Court may graciously be pleased to direct the trial court to decide the Session Trail No.279 of 2022 (State Vs. Amarnath @ Aditya), arising out of case crime No.165 of 2021 under section 363, 366, 376 IPC and 3/4 POCSO Act, police station Kuber Asthan, District Kushi Nagar, expeditiously as possible as within short stipulated period as may be fixed by this Hon'ble court which is pending before Special Judge POCSO Act, Kushi Nagar, otherwise the applicant shall suffer irreparable loss and injury, or pass such other and further order or direction as this Hon'ble court may deem fit and proper under the facts circumstances of the case." 4.Learned counsel for applicant submits that applicant is informant in aforementioned criminal case pending before court below. The charges were framed against the charge- sheeted accused by court below vide framing of charge order dated 13th June, 2022. However, upto this stage depositions of only three prosecution witnesses have been recorded. Referring to the order-sheet copy of which has been enclosed as Annexure No. 3 to the afÏdavit accompanying the present application, the learned counsel for applicant submits that proceedings of trial have been adjourned repeatedly on account of exemptions prayed for by the accused. 5. At this juncture, the learned counsel for applicant has invited the attention of Court to the amendment brought about in the Indian Penal Code by way of Amending Act of 2018. With reference to the above, he submits that it is now the intention of the legislature that the trial for sexual offence must be completed within a time bound period. He has also referred to Section 35 (2) of the Protection of Children from Sexual Offences Act, 2012 ( hereinafter referred to as the "POCSO Act"), wherein it is provided that the trial under the POCSO Act must be completed within a period of one year. On the above premise, the learned counsel for the applicant, therefore, submits that interest of justice shall be served in case a positive direction is issued by this Court to the court concerned to conclude the trial expeditiously. 6. Per contra the learned A.G.A. has no objection to the equitable prayer made by the learned counsel for applicant. 7. Having considered the submissions made by the learned counsel for applicant, the learned A.G.A. for State and upon perusal of the record, this Court finds that no useful purpose would be served in keeping the present application pending. 8. Accordingly, this application is disposed of finally with a direction upon court below i.e. Special Judge POCSO Act, Kushi Nagar to decide Session Trail No.279 of 2022 (State Vs. Amarnath @ Aditya), arising out of case crime No.165 of 2021 under section 363, 366, 376 IPC and 3/4 POCSO Act, police station Kuber Asthan, District Kushi Nagar with all expeditions without granting unnecessary adjournment to either of the parties. The court below shall adopt all the measures available under the Code (Code of Criminal Procedure) for summoning the witnesses and further exemptions shall not be granted to the accused in routine manner. Adjournment or exemption shall only be granted by the court below on the application of the counsel for the State or the accused only in exceptional circumstances/cases. The court below shall endevour to decide the above trial in accordance with the amendment brought about in the I.P.C. by way of amending act of 2018 and the provisions contained in Section 35 (2) of the POCSO Act. (Rajeev Misra, J.) Order Date :- 17.1.2025 Sushil/- Digitally signed by :- SUSHIL KUMAR SINGH High Court of Judicature at Allahabad