Husna @ Husan v. State of U.P. and 6 Others

Court No. - 89 Case :- APPLICATION U/S 482 No. - 39515 of 2023 Applicant :- Husna @ Husan Opposite Party :- State Of U.P. And 6 Others Counsel for Applicant :- Sukrampal Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.

¶1Heard learned counsel for the applicant and learned A.G.A for the State as also perused the record.

¶2This application under Section 482 Cr.P.C. has been filed seeking direction to the court below for early decision of ST No.2333 of 2022, arising out of Case Crime No.122 of 2022, under Sections-323, 354A, 342, 120-B, 354-B, 376-D I.P.C. and Section 7/8 of POCSO Act, Police Station-Mahila Thana, District-Saharanpur, pending before the Addl. District and Sessions Judge, Saharanpur.

¶3Learned counsel for the applicant submitted that applicant is informant and lodged FIR against opposite party nos.2 to 7 under the aforesaid sections, the same is pending since 2022 as opposite parties are not co-operating in the trial proceedings. After framing of charge, prosecution witness has been examined and proceedings under Section 313 Cr.P.C. is going on. By order dated

27.09.2023, defense examination was started but till today no defense witnesses have been examined and prayed trial proceedings be concluded within stipulated period.

¶4Considering the fact that the trial has remained pending since 2022. Without expressing any opinion on the merits of the case, this application is finally disposed of with a direction to the court below to decide the aforesaid case in accordance with law, as expeditiously as possible, without granting any unnecessary or long adjournments to either of the parties, preferably within a period of nine months from the date of production of a certified copy of this order, if there is no other legal impediment. Order Date :- 28.10.2023 Nitin Verma High Court of Judicature at Allahabad