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2026 DAILYLAW 11336 (ALL)

ANAND YADAV v. STATE OF U.P. AND ANOTHER

NA529/4646/2026 · 2026-09-28

Subhash Chandra Sharma

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 529 BNSS No. - 4646 of 2026 Court No. - 78 HON'BLE SUBHASH CHANDRA SHARMA, J. Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the material on record. The present application has been filed by the applicant with a prayer to allow this application and direct the learned Additional District and Sessions Judge/ Special Judge (POCSO Act), Jalaun at Orai to expedite the Case No. 156 of 2023 (State Vs. Anand Yadav), against the applicant, in Case Crime No. 298 of 2023, Under Section 377 I.P.C. and read with section 3/4 POCSO Act and section 3(2)(v) of S.C./S.T. Act, Police Station Kotwali Kalpi, District Jalaun, within stipulated period, is pending before the learned Additional District and Sessions Judge/ Special Judge (POCSO Act), Jalaun at Orai,, expeditiously. It is submitted by learned counsel for the applicant that he is accused in the aforesaid case which was pending before the learned trial court from the year 2023 but it has not been decided till now, therefore, request to direct the learned trial court to proceed with the case and decide the case expeditiously within a stipulated period of time. Learned A.G.A. opposed the prayer as aforesaid. Considering the facts and circumstances of the case and submissions made by learned counsel for applicant as well as learned A.G.A. and perusal of record, the order sheet of the case, it appears that after framing of charge case was fixed for prosecution evidence and it is still pending for this purpose. In the circumstances of the case, keeping in view large number of cases pending before the learned trial court it cannot be directed to decide the case within a stipulated period of time unless there are exceptional circumstances those are lacking in the present case. However, it is expedient to direct the learned trial court to proceed with the case, as expeditiously as Versus Counsel for Applicant(s) : Hinchh Lal Pandey Counsel for Opposite Party(s) : G.A. Anand Yadav .....Applicant(s) State of U.P. and Another .....Opposite Party(s) possible, in accordance with law, without granting any unnecessary or long adjournments to either of the parties whether it is the prosecution or the defence, if there is no other legal impediment. With the aforesaid directions, the present application under Section 529 B.N.S.S. stands disposed of finally. September 29, 2026 Suraj Srivastav NA529 No. 4646 of 2026 2 (Subhash Chandra Sharma,J.) Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad