Allahabad High Court
MAHENDRA KUMAR MAURYAversusSTATE OF U.P.
- Decided
- Bench
- PRASHANT MISHRA I
Holding
The court directed the trial court to decide the case expeditiously, preferably within one year, and disposed of the application.
Summary
The applicant, Mahendra Kumar Maurya, filed an application under Section 529 of the Criminal Procedure Code seeking expeditious disposal of Special Session Trial No. 272 of 2019, which involves offences under Sections 376, 504, 506, 120B of the IPC and Sections 5 and 6 of the POCSO Act. The case, filed in 2019, was still at the stage of cross‑examination of PW‑1 despite charges being framed on 26‑02‑2024. The State, represented by the Advocate General, raised no objection to an expedited trial. The High Court directed the Special Judge to endeavour to conclude the trial within one year of the order, without unnecessary adjournments, and disposed of the application.
Issues considered
- Whether the trial court should be directed to expedite the pending POCSO trial and complete it within a stipulated period?
Legislation cited
- Indian Penal Code — s. 120B, 376, 504, 506
- Protection of Children from Sexual Offences Act — s. 5, 6
Subjects
- Section 529
- expedited trial
- Criminal Procedure Code
- POCSO Act
- adjournments
- justice
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 2256 of 2026
Mahendra Kumar Maurya
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Karunesh Mishra
Counsel for Opposite Party(s) : G.A.
Court No. - 84
HON'BLE PRASHANT MISHRA-I, J.
1. Heard Mr. Shashi Kumar Tiwari, learned Advocate, holding
brief of Mr. Karunesh Mishra, learned counsel for the applicant
and learned A.G.A. representing the State and perused the record.
2. The instant application has been preferred by the applicant
with a prayer for expeditious disposal of Special Session Trial
No. 272 of 2019 (State Vs. Sushil Kumar Gupta and others),
arising out of Case Crime No. 498 of 2019, under Sections 376,
504, 506, 120B I.P.C. and 5/6 POCSO Act, Police Station
Phoolpur, District Prayagraj, pending in the court of learned
Special Judge POCSO Act, Prayagraj, within stipulated time.
3. Learned counsel for the applicant submitted that the applicant
is informant of the aforesaid case crime number and the charges
were framed in the matter on 26.02.2024 and still the case is
pending at the stage of cross examination of PW-1.
4. Learned A.G.A. has no objection if the matter be expedited in
the interest of justice.
5. In view of the above, it is directed that the learned trial court
concerned shall make all endeavour to decide the aforesaid case
expeditiously preferably within a period of one year from the date
NA529 No. 2256 of 2026
2
of production of certified copy of this order, if there is no legal
impediment, without granting unnecessary adjournments to either
of the parties.
6. With the aforesaid direction, this application is disposed of.
(Prashant Mishra-I,J.)
May 6, 2026
Kashifa
Digitally signed by :-
KASHIFA
High Court of Judicature at Allahabad
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