Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 18670 of 2026 Court No. - 80 HON'BLE VIVEK KUMAR SINGH, J.
1. Heard learned counsel for the applicant and learned A.G.A. appearing for the State.
2. Present application under Section 528 BNSS has been filed for quashing the entire proceeding of Session Trial No. 456 of 2017 (State vs. Akash Kumar Mishra) arising out of Case Crime No. 397 of 2017, under Sections 363, 366, 376 IPC and Section 3/4 of POCSO Act, Police Station Pataherwa, District Kushi Nagar pending before Special Judge (POCSO Act), Kushi Nagar.
3. It is submitted by the learned counsel for the applicant that the first information report was lodged in the present case on 16.8.2017 and the charge-sheet was submitted on 12.9.2017. The applicant is facing agony of trial for last 9 years. Statement of the victim has been recorded on 12.1.2020 and she did not support the prosecution case rather she stated that the applicant and the victim have solemnized their marriage and a child was born to the married couple. It is further submitted that the witnesses are not appearing in this case for a very long time. In last, it is prayed that the trial court be directed to conclude the trial as early as possible.
4. The trial of the present case is pending since long. The charge-sheet was submitted in this case on 12.9.2017 and the applicant is facing agony of trial for last 9 years. The witnesses of the fact have already been examined and only six witnesses have been shown in the charge-sheet and Versus Counsel for Applicant(s) : Daya Shanker Pandey, Prachi Tripathi Counsel for Opposite Party(s) : G.A. Akash Kumar Mishra .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s)
out of six witnesses, two witnesses have already been examined.
5. In such view of the matter, the trial court is directed to conclude the trial as early as possible preferably within a period of four months from the date of production of a certified copy of this order without granting any unnecessary adjournment to the parties.
6. With the aforesaid observations, present application stands disposed of.
May 6, 2026 Lalit Shukla NA528 No. 18670 of 2026 2 (Vivek Kumar Singh,J.) Digitally signed by :- LALIT KUMAR SHUKLA High Court of Judicature at Allahabad