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Neutral Citation No. - 2025:AHC:8262 Court No. - 71 Case :- APPLICATION U/S 482 No. - 1312 of 2025 Applicant :- Informant Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Piyush Patel,Pradeep Kumar Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J.
1. Heard Mr. Pradeep Kumar, 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 present application under Section 482 Cr.P.C. with the following prayer:
"It is, therefore, Most Respectfully prayed that this Hon'ble Court may kindly be pleased to allow this application and direct the learned court below to decide the special session trial no.753 of 2022 arising out of case crime no.30 of 2022 (State Vs. Ram Manoj) under section 363, 366, 376 I.P.C. and section 3/4 & 16/17 Protection of Children from Sexual Offences Act 2012 I.P.C., Police Station- Puranderpur, District Maharajganj, pending in the court of learned Special Judge, Exclusive Court (POCSO Act), Maharajganj expeditiously, within stipulated period fixed by this Hon'ble Court, so that justice may be done, otherwise the applicant/informant shall suffer irreparable loss and injury." 4.Learned counsel for applicant submits that the applicant is informant in aforementioned criminal case pending before court below against the charge-sheeted accused i.e. opposite party nos. 2 and 3 vide framing of charge order dated 19th June, 2023. However, upto this stage the depositions of the prosecution witnesses could not be 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 the 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 to court below i.e. Special Judge, Exclusive Court (POCSO Act), Maharajganj to decide Special Session Trial no.753 of 2022 (State Vs. Ram Manoj), arising out of case crime no.30 of 2022 under section 363, 366, 376 I.P.C. and section 3/4 & 16/17 Protection of Children from Sexual Offences Act 2012 I.P.C., Police Station- Puranderpur, District Maharajganj with all expedition 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 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