XYZ vs State Of Himachal Pradesh & Anr

Sandeep Sharma, J

Petitioner, whose identity is referred to XYZ in terms of directions issued by Hon’ble Apex Court prohibiting the disclosure of the name/particulars of the victim of sexual assault, has approached this Court in the instant proceedings filed under Section 528 of Bharatiya Nagrik Suraksha Sanhita, 2023 (in short “BNSS”), seeking therein direction to learned Additional District & Sessions Judge, Nalagarh, District Solan, Himachal Pradesh to conclude the Session Trial No.2 of 2023, titled as State Vs. Sanjay Kumar expeditiously.

Having regard to the nature of prayer and order proposed to be passed, this Court sees no necessity to call for reply on behalf of the respondent/State, which is otherwise represented by Mr. Rajan Kahol, learned Additional Advocate General. Mr. Kahol, states that as per particulars given in the petition, one prosecution witness has already been examined and for recording the statements of remaining witnesses, the matter is fixed in the month of April, 2026.

Having carefully perused averments contained in the petition, which are duly supported by an affidavit, this Court finds that FIR No.8 of 2023 was registered at Women Police Station, Baddi, District Solan, Himachal Pradesh, against respondent No.2.

Though cognizance of the matter was taken by the learned trial Court on 03.08.2023, but repeatedly matter was adjourned for the service of the accused as well as for checking/ supply of documents. After submission of final report under relevant provision of Bharatiya Naya Sanhita, 2023, matter was repeatedly listed for recording of prosecution evidence on 19.10.2024, 16.11.2024, 17.05.2025 and 27.10.2025, but yet prosecution evidence could not be completed, rather till date learned trial Court has been able to record the statement of PW-1. Despite notice, PW-2 & PW-3 failed to appear, as a result thereof, matter was again adjourned to 17.04.2026. Once it is not in dispute that FIR was instituted in the year 2023 and challan stands filed in the competent Court of law, this Court, without going into the averments contained in the petition, coupled with the fact that respondent No.2 is accused of heinous crime punishable under Section 376 of Indian Penal Code, deems it fit to dispose of the present petition with a direction to learned Additional District & Sessions Judge, Nalagarh, District Solan, Himachal Pradesh, to conclude the trial in Session trial No.2 of 2023, titled as State Vs. Sanjay Kumar expeditiously, preferred within six months from today.

Registry to apprise the learned trial Court with regard to passing of instant order, enabling it to do the needful well within stipulated time. Application, if any, for extension of time shall not be appreciated.