Disposed¶12

X Juvenile v. State of U.P.

Allahabad HC23 Jan 2025A482/42735/2024

Case brief

AI extract

What is this about?

Section 482 Cr.P.C.; Allahabad High Court; expedition/speedy trial; juvenile applicant; Juvenile Justice Board Gorakhpur; POCSO Act Sections 3/4; IPC Sections 376(Ja) and 506; Case Crime No. 442/2014; Police Station Gulahariya, District Gorakhpur; delay of over 8 years after framing of charge dated 9.9.2016; report called from trial court; matter listed fresh on 1.4.2025; interim directions; order dated 5.3.2025; Rajeev Misra, J.

What did the court decide?

Interim directions only: (i) report from the court concerned explaining the cause of the trial delay, to be submitted on or before 28.3.2025; (ii) matter to re-appear as fresh on 1.4.2025. The Section 482 application was not finally allowed or dismissed. ¶12

X Juvenile vs State of U.P. — Child Sexual Offences (POCSO) | Allahabad HC (2025)

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Court No. - 71

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Case :- APPLICATION U/S 482 No. - 42735 of 2024

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Applicant :- X Juvenile Opposite Party :- State of U.P. Counsel for Applicant :- Ashutosh Kumar,Ram Singh,Vaishali Sahu Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Misra,J.

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Heard Mr. Ashutosh Kumar, 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, who is a juvenile, 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 the present application and expedite the hearing of Case no. 23/2015 (Misc. Case No. 236/2014) (State vs Guddu @Kanhai), arising out of Case Crime No. 442/2014 under Section 376(Ja),506 I.P.C and 3/4 of POCSO Act, Police Station Gulahariya, District- Gorakhpur, pending in the Court of Juvenile Justice Board, Gorakhpur, within stipulated period as may be fixed/directed by this Hon'ble Court, otherwise the applicant shall suffer irreparable loss and injury.

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And/or pass such other and further order which this Hon'ble Court may deem fit and proper under these circumstances of the case."

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Second supplementary affidavit filed by the learned counsel for applicant in Court today, is taken on record.

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Learned counsel for applicant submits that though charges were framed against charge sheeted accused by Court below, vide framing of charge order dated 9.9.2016, however, the trial of the accused has not yet concluded though a period of more than 8 years has rolled by.

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In view of above, let a report be submitted by Court concerned to this Court explaining the circumstances on account of which the trial could not be concluded even after expiry of a period of more than 8 years. Requisite report be submitted before this Court on or before 28.3.2025.

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Matter shall re-appear as fresh on 1.4.2025.

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Order Date :- 5.3.2025 HSM

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Digitally signed by :- HARI SHANKER MISHRA High Court of Judicature at Allahabad

X Juvenile v. State of U.P.

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X Juvenile v. State of U.P.

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