X Juvenile Vs Chunnu @ Abhishek Shukla — Child Sexual Offences (POCSO) | Allahabad HC (2025)

X Juvenile Vs Chunnu @ Abhishek Shukla — Child Sexual Offences (POCSO) | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Direction to the Additional Sessions Judge/Fast Track Court-First, Banda to decide Criminal Case No.214 of 2023 (State Vs. Chunnu @ Abhishek) as expeditiously as possible, preferably within 12 months from production of the certified copy of the order, with proper opportunity of hearing to all concerns; both parties to cooperate and no unnecessary adjournments.

Issue for consideration

Whether the High Court, in exercise of jurisdiction under Article 227, should direct the Additional Sessions Judge/Fast Track Court-First, Banda to conclude the pending trial of Criminal Case No.214 of 2023 within a stipulated period, the accused being alleged to be a habitual offender adopting delaying tactics.

Court's answer

The learned Additional Sessions Judge/Fast Track Court-First, Banda/concerned court is directed to decide Criminal Case No.214 of 2023 (State Vs. Chunnu @ Abhishek) as expeditiously as possible, preferably within a period of 12 months from the date of production of the certified copy of the order, affording proper opportunity of hearing to all concerns.

Ratio / Principle

Both parties are directed to extend their full cooperation to the learned concerned court for achieving the directions made.

Key takeaways

The concerned court is requested not to extend unnecessary adjournment to any of the parties.ratio¶11

Detailed headnote1 paragraphs

Allahabad High Court (Matters Under Article 227 No. 15035 of 2024, Saurabh Srivastava, J., order dated 24.1.2025; neutral citation 2025:AHC:12637): On the prayer of the petitioner ('X Juvenile') for early conclusion of trial, alleging the accused to be a habitual offender adopting delaying tactics, the Court directed the learned Additional Sessions Judge/Fast Track Court-First, Banda/concerned court to decide Criminal Case No.214 of 2023 (State Vs. Chunnu @ Abhishek), arising out of Case Crime No.0023 of 2023 under Sections 452, 376 I.P.C. and 3/4 POCSO Act, P.S. Chilla, District Banda, as expeditiously as possible, preferably within 12 months from the date of production of the certified copy of the order, affording proper opportunity of hearing to all concerns. Both parties were directed to extend full cooperation, and the concerned court was requested not to extend unnecessary adjournments. Petition disposed of.

Neutral Citation No. - 2025:AHC:12637

Court No. - 79

Case :- MATTERS UNDER ARTICLE 227 No. - 15035 of 2024

Petitioner :- X Juvenile Respondent :- Chunnu @ Abhishek Shukla Counsel for Petitioner :- Ramesh Chandra Dwivedi

Hon'ble Saurabh Srivastava,J.

Heard learned counsel for the petitioners.

The instant petition has been preferred with following relief:-

"(i) Issue a writ, order or direction, directing the learned Additional Sessions Judge/Fast Track Court- First, Banda to decide the trial of Criminal Case No.214 of 2023 (State Vs. Chunnu @ Abhishek) in Case Crime No.0023 of 2023, under Sections 452, 376 I.P.C. and 3/4 POCSO Act, P.S. Chilla, District- Banda, within stipulated period as fixed by this Hon'ble Court."

At the very outset, learned counsel for the petitioners prays to conclude the trial of abovementioned criminal case, which is pending for final adjudication, since the accused in the instant is an habitual offender and adopting delaying tactics for not deciding the present case, for which petitioner is suffering irreparable loss.

Considering the innocuous prayer made by learned counsel for the petitioner and by bare perusal of records, if there is no legal impediment, learned Additional Sessions Judge/Fast Track CourtFirst, Banda/concerned court is hereby directed to decide the Criminal Case No.214 of 2023 (State Vs. Chunnu @ Abhishek) as expeditiously as possible, preferably within a period of 12 months from the date of production of certified copy of this order, by way of affording proper opportunity of hearing to all concerns.

Both the parties are hereby directed to extend their full cooperation to learned concerned court for achieving the directions as made above and at the same time, it is also requested to learned concerned court for not extending unnecessary adjournment to any of the parties.

Hence, the instant petition stands disposed of accordingly.

Order Date :- 24.1.2025 Saif

Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad