Balkishan v. State of U.P. and 2 Others

Court No. - 86 Case :- APPLICATION U/S 482 No. - 44341 of 2023 Applicant :- Balkishan Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Rafeek Ahmad Khan Counsel for Opposite Party :- G.A. Hon'ble Rajiv Gupta,J.

¶1Heard learned counsel for the applicant and learned A.G.A.

¶2The applicant has invoked the jurisdiction of this Court under section 482 Cr.P.C. with a prayer to direct the concern court to expedite and dispose of the proceeding of Special Case No. 42/2022, u/s 363, 366, 376, 506, 120-B I.P.C. and 4 POCSO Act and 3(2)(5), 3(2)(5A) SC/ST Act., arising out of case crime no. 107 of 2022, pending in the court of Additional Session Judge/Special Judge, POCSO Act., Mahoba within the stipulated period.

¶3Learned counsel for the applicant has submitted that the applicant is complainant in the aforesaid case and the charges against O.P. Nos.2 and 3 has already been framed on

4.7.2022 and 26.6.2022 respectively, however the trial has not yet been concluded and has been lingering-on, on one pretext or the other.

¶4In view of above, the court below is expected to make all endeavour to conclude the aforesaid trial expeditiously preferably within a period of one year after giving opportunity of hearing to both the sides and without giving unnecessary adjournments to either side and there is no other legal impediment in concluding the trial.

¶5With these observations, the present application filed u/s 482 Cr.P.C. stands disposed of. Order Date :- 5.12.2023 R High Court of Judicature at Allahabad