Allahabad High Court
NIKITA SHARMAversusSTATE OF UP AND ANOTHER
- Decided
- Bench
- VIKRAM D CHAUHAN
Holding
The High Court, exercising its supervisory jurisdiction under Article 227, directed the Additional District Judge to decide the Session Trial within one year.
Summary
The petitioner, Nikita Sharma, filed a writ petition under Article 227 seeking a direction that the Additional District Judge (POCSO III) in Gautambudh Nagar decide the pending Session Trial No.1582 of 2022 (State vs. Sumit Jha) without unnecessary adjournments. The case involves offences under IPC sections 328, 376, 504, 506, sections 3 and 4 of the Protection of Children from Sexual Offences Act, 2012, and section 67 of the Information Technology Act, 2000, and has been pending since 2022. The High Court, after hearing counsel, noted that the petitioner is the informant and the trial has been unduly delayed. Exercising its supervisory jurisdiction under Article 227, the Court directed the lower court to dispose of the trial within one year of receiving a certified copy of the order. The petition was consequently disposed with the said direction.
Issues considered
- Whether the High Court can, under its supervisory jurisdiction under Article 227, direct a lower court to complete a pending criminal trial within a specified time frame.
Legislation cited
- Indian Penal Code — s. 328, 376, 504, 506
- Information Technology Act, 2000 — s. 67
- Protection of Children from Sexual Offences Act, 2012 — s. 3, 4
Subjects
- Article 227
- supervisory jurisdiction
- speedy trial
- adjournment
- POCSO
- sexual offences
- Information Technology Act
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 5472 of 2026
Nikita Sharma
.....Petitioner(s)
Versus
State of U.P. and Another
.....Respondent(s)
Counsel for Petitioner(s) : Saurabh Basu
Counsel for Respondent(s) : G.A.
Court No. - 73
HON'BLE VIKRAM D. CHAUHAN, J.
1. Heard learned counsel for the petitioner and learned A.G.A. for the
State.
2. The present writ petition is filed with the following prayer:-
"I. Direct the learned Court to expeditiously decide the Session Trial
No.1582 of 2022 (State Vs Sumit Jha), arising out of Case Crime No.382
of 2022 Police Station 113 Noida, Commissionerate, Gautambudh Nagar
under section 328, 376 504, 506 IPC and 3/4 Protection of Children from
Sexual Offences, Act 2012 and 67 of Information Technology Act, pending
before the Additional District Judge, POCSO III, Gautambudh Nagar.
II. Direct the respondents not to take unnecessary adjournment and to
complete the Session Trial within stipulated period of time."
3. Learned counsel for the petitioner submits that the petitioner is the
informant and the case is pending to before the court concerned since
2022. The statement of the complainant has been recorded.
4. Considering the facts and circumstances of the case and the submission
of learned counsel for the petitioner, the petition is disposed of with a
direction to the Additional District Judge, POCSO III, Gautambudh Nagar
to decide the Session Trial No.1582 of 2022 (State Vs. Sumit Jha), arising
out of Case Crime No. 382 of 2022, Police Station 113 Noida,
Commissionerate, Gautambudh Nagar, under Sections 328, 376, 504, 506
IPC and under Section 3/4 Protection of Children from Sexual Offences,
Act, 2012 and under Section 67 of Information Technology Act, within a
period of one year from the date of production of a certified copy of this
order.
(Vikram D. Chauhan,J.)
April 23, 2026
VMA
Digitally signed by :-
VISHWA MOHAN ARORA
High Court of Judicature at Allahabad
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