Allahabad High Court
AKASH KUMAR MISHRAversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- VIVEK KUMAR SINGH
Holding
The court declined to quash the proceedings and ordered the trial to be concluded within four months, without granting further adjournments.
Summary
The applicant, Akash Kumar Mishra, filed an application under Section 528 of the BNSS seeking to quash the pending POCSO trial (Session Trial No. 456 of 2017) arising from alleged offences under IPC sections 363, 366, 376 and POCSO Act sections 3 and 4. The applicant argued that the FIR was lodged on 16‑08‑2017, the charge‑sheet filed on 12‑09‑2017, and that the trial had dragged on for nine years, with the victim now claiming a marital relationship and a child, and key witnesses unavailable. The court examined the delay, noted that only six witnesses were listed in the charge‑sheet and two had already been examined, and rejected the request to quash the case. Instead, the court directed the Special Judge to conclude the trial within four months of the order, prohibiting unnecessary adjournments. The application was therefore disposed of without granting the relief sought.
Issues considered
- Whether the application under Section 528 BNSS for quashing the entire POCSO proceeding should be entertained
- Whether the trial should be expedited and concluded within a specific time‑frame
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 363, 366, 376
- Protection of Children from Sexual Offences Act — s. 3, 4
Subjects
- Section 528
- quash proceedings
- trial delay
- POCSO Act
- IPC
- adjournment
- expedited trial
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 18670 of 2026
Akash Kumar Mishra
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Daya Shanker Pandey, Prachi Tripathi
Counsel for Opposite Party(s) : G.A.
Court No. - 80
HON'BLE VIVEK KUMAR SINGH, J.
1. Heard learned counsel for the applicant and learned A.G.A. appearing
for the State.
2. Present application under Section 528 BNSS has been filed for
quashing the entire proceeding of Session Trial No. 456 of 2017 (State vs.
Akash Kumar Mishra) arising out of Case Crime No. 397 of 2017, under
Sections 363, 366, 376 IPC and Section 3/4 of POCSO Act, Police Station
Pataherwa, District Kushi Nagar pending before Special Judge (POCSO
Act), Kushi Nagar.
3. It is submitted by the learned counsel for the applicant that the first
information report was lodged in the present case on 16.8.2017 and the
charge-sheet was submitted on 12.9.2017. The applicant is facing agony
of trial for last 9 years. Statement of the victim has been recorded on
12.1.2020 and she did not support the prosecution case rather she stated
that the applicant and the victim have solemnized their marriage and a
child was born to the married couple. It is further submitted that the
witnesses are not appearing in this case for a very long time. In last, it is
prayed that the trial court be directed to conclude the trial as early as
possible.
4. The trial of the present case is pending since long. The charge-sheet
was submitted in this case on 12.9.2017 and the applicant is facing agony
of trial for last 9 years. The witnesses of the fact have already been
examined and only six witnesses have been shown in the charge-sheet and
NA528 No. 18670 of 2026
2
out of six witnesses, two witnesses have already been examined.
5. In such view of the matter, the trial court is directed to conclude the
trial as early as possible preferably within a period of four months from
the date of production of a certified copy of this order without granting
any unnecessary adjournment to the parties.
6. With the aforesaid observations, present application stands disposed of.
(Vivek Kumar Singh,J.)
May 6, 2026
Lalit Shukla
Digitally signed by :-
LALIT KUMAR SHUKLA
High Court of Judicature at Allahabad
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