Smt Aasha @ Maleena Vs State of U.P. and Another

Neutral Citation No. - 2025:AHC:5146

Court No. - 71

Case :- APPLICATION U/S 482 No. - 37133 of 2024

Applicant :- Smt Aasha @ Maleena Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashwani Kumar Pathak Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Misra,J.

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Heard Mr. Ashwani Kumar Pathak, the learned counsel for applicant and the learned A.G.A. for State.

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Perused the record.

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Applicant-Smt Aasha @ Maleena, who is the first informant/prosecutrix, has approached this Court by means of present application under Section 482 Cr.P.C. with the following prayer:-

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"It is therefore most respectfully prayed that this Hon'ble court may graciously be pleased to allow this application, and direct to the Special Judge / SC/ST Act, District- Gorakhpur decide the Special Trial no. 553/2016. Arising out of case crime no. 280/2016, Under section- 376, 323, 504, 506, IPC. & 3 (2) V, SC/ST Act., P.S- Chiluwatal, District- Gorakhpur, (State v/s Praveen @ Praveenanand Jaiswal ) Pending before Special Judge / SC/ST Act District- Gorakhpur within stipulated/fixed period by this Honb'ble court. Other wise applicant will be suffer irreparable loss and injury."

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Learned counsel for applicant submits that FIR giving rise to present criminal proceedings was lodged on 27.05.2016. The charge sheet was submitted on 14.06.2016. Thereafter, the case was committed to the Court of Sessions on 06.07.2016. The charges were framed against charge sheeted accused by Court below vide framing of charge order dated 25.03.2017. However, upto this stage, the statement of only one prosecution witness i.e. prosecutrix (PW1) could be recorded. The trial is proceeding at a snail's pace on account of repeated adjournment/exemption prayed for by accused.

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With reference to the amendment made in IPC in the year 2018,

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the learned counsel for applicant submits that the intention of the legislature is that trial for sexual offences should be concluded at the earliest. Referring to the order sheet, he submits that repeatedly proceedings have been adjourned on account of adjournment/exemptions prayed by the accused. He therefore, submits that interest of justice shall be served in case a positive direction is issued by this Court to proceed with the trial with all expedition.

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Per contra, the learned A.G.A. has opposed the present writ petition. He submits that in view of the observations made by Apex Court in paragraphs 41 and 42 of the five Judges Bench judgment in High Court Bar Association, Allahabad Vs. State of U.P. and Others, 2024 SCC Online SC 207 , no direction for time bound disposal of aforementioned criminal case can be issued by this Court. It is further submitted by the learned A.G.A. thus in exercise of jurisdiction under Section 482 Cr.P.C./Article 226 of the Constitution of India the High Court can direct the Court below to conclude proceedings of a particular criminal case within a time bound period provided the circumstances are exceptional. Referring to the affidavit filed in support of present application, the learned A.G.A. contends that no such exceptional circumstance has been pointed out warranting interference by this Court. On the above premise, the learned A.G.A. submits that present application is liable to be dismissed.

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Having heard, the learned counsel for applicant, the learned A.G.A. for State and upon perusal of record, this Court finds that no useful purpose shall be served in keeping this writ petition pending.

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Accordingly, this writ petition is disposed of finally with a direction to Special Judge / SC/ST Act, District- Gorakhpur to proceed with the concerned special trial with all expedition without granting any unnecessary adjournment/exemption to the accused. The Court shall be guided by the amendment made in IPC in the year 2018 and shall make every endeavor to conclude trial at the earliest and if provided by fixing two dates in a week.

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Order Date :- 7.1.2025 Imtiyaz

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Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad

Smt Aasha @ Maleena v. State of U.P. and Another

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