Disposed

Xxxx victim of Case Crime No. 299 of 2020 v. State of U.P. Thru. Prin. Secy. Home , Lucknow and 2 Others

Allahabad HC3 Oct 2024A227/4745/2024

Case brief

AI extract

What is this about?

In a matter under Article 227, an Allahabad High Court judge disposed of a petition filed by a victim seeking urgent directions for expeditious disposal of a pending trial under POCSO and SC/ST Acts. The court directed the trial court to expedite proceedings as per Section 309 Cr.P.C.

What did the court decide?

Directing the trial court/special court to expedite the trial in view of Section 309 Cr.P.C. after providing an opportunity of being heard to the parties.

Xxxx victim of Case Crime No. 299 of 2020 vs State of… — Caste Atrocities | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:68327

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Court No. - 15

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Case :- MATTERS UNDER ARTICLE 227 No. - 4745 of 2024

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Petitioner :- Xxxx Victim Of Case Crime No. 299 Of 2020 Respondent :- State Of U.P. Thru. Prin. Secy. Home , Lucknow And 2 Others Counsel for Petitioner :- Sajjad Husain Counsel for Respondent :- G.A.

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Hon'ble Mohd. Faiz Alam Khan,J.

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Herd Shri Sajjad Husain, learned counsel for the petitioners as well as learned A.G.A. for the State and perused the record.

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The instant petition under Article 227 of the Constitution of India has been filed by the petitioner- Victim of the case with the following prayers:-

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"I. issue an order or direction to the Learned Additional District Judge (POCSO) to decide the Session Case No. 0000018 of 2021 and as CNR No. UPBP010002882021 pending since 02.02.2021, arising out from Case Crime No. 299 of 2020 under Section 363, 506, 376-D IPC, 3(2)(v) SC-ST Act, and Sections 5 & 6 of the POCSO Act at PS Pachperwa District Balrampur, within the stipulated time, period as this Hon'ble Court may deem fit and proper for securing the ends of justice in the light of Section 14 (3) of SC ST Act 1 of 2016. Copy of FIR & chargesheet is respectively annexed as Annexure No. 1 &3 to this petition;

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II. issue any order or direction which this Hon'ble Court may deem fit and proper under the circumstances of the case may also be passed in the interest of justice;

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III. allow the petition with cost in favor of the petitioner."

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It is projected before this Court by learned counsel for the petitioner that charge sheet in this case has been filed on 21.01.2021, however, the trial has not been concluded. Thus, appropriate directions be given to the trial court for expeditious disposal of the case.

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Learned A.G.A. on the other hand submits that it has not been stated anywhere in the petition as to what is the stage of trial or whether even charges have been framed against the accused persons.

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Having heard learned counsel for the parties and having perused the record and keeping in view the order intended to be passed, the service of notice on respondent no.2 and 3 is hereby dispensed with and the instant petition moved on behalf of the petitioner is finally disposed of with the direction to the trial court/special court to expedite the trial in view of the provisions contained under Section 309 of the Cr.P.C., after providing an opportunity of being heard to the parties, strictly in accordance with law, if there is no legal impediment.

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Order Date :- 3.10.2024

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Praveen

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Digitally signed by :- PRAVEEN KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Xxxx victim of Case Crime No. 299 of 2020 v. State of U.P. Thru. Prin. Secy. Home , Lucknow and 2 Others

Case brief

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Xxxx victim of Case Crime No. 299 of 2020 v. State of U.P. Thru. Prin. Secy. Home , Lucknow and 2 Others

Case brief

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