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2025 DAILYLAW 78192 (ALL)

AJAY CHAUHAN v. STATE OF U.P. AND ANOTHER

NA529/2376/2025 · 2025-07-23

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:121629 Court No. - 83 Case :- APPLICATION U/S 529 BNSS No. - 2376 of 2025 Applicant :- Ajay Chauhan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Nilesh Kumar Dubey,Shashi Shekhar Maurya 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.68 of 2022, arising out of case crime no.426 of 2022, under Section 376 IPC, and 3/4 POCSO Act, Police Station- Kerakat, District- Jaunpur pending in the Court of learned Additional Sessions Judge/ Special Judge POCSO Act 1st, Jaunpur 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 matter relates to POCSO Act which was pending for evidence however in the meantime the accused persons have absconded and sufficient time was wasted only on account of procuring the presence of the accused persons. The matter is pending at the stage of evidence of P.W.2 whose cross-examination is pending since 24.7.2024. It is further submitted that in the POCSO Act itself stipulated time period has been mandated for the trial Court but however, 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. This Court has cautioned the trial Court several times to be more sensitive and vigilant while dealing with the cases under POCSO Act. 7. In these circumstances, the trial Court is expected to pay attention to the mandatory provisions of the POCSO Act relating to the disposal of the aforesaid case in a time bound manner. It is directed that the aforesaid case must be decided within the stipulated period provided under the POCSO Act from today. 8. 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. 9. With the above observations, the application stands disposed of. Order Date :- 24.7.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad