Disposed

Ankit Rajbhar and Another v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and 4 Others

Allahabad HC10 Feb 2025A482/1094/2025

Case brief

AI extract

What is this about?

Quashing/application u/s 482, Allahabad High Court Lucknow Bench, Rajeev Singh J., order dated 27.02.2025; Ankit Rajbhar and another v. State of U.P.; POCSO and IPC Sections 363, 366, 376, 368, 120-B; FIR Case Crime No. 107/2023, P.S. Sujauli, District Bahraich; chargesheet No. A-116/2023 dated 03.10.2023; cognizance/summoning order dated 02.12.2023; Special Crl. Case No. 1266/2023; victim's Secti

What did the court decide?

Interim relief only; application not finally decided (listed on 28.03.2025). No coercive steps against applicants pursuant to the summoning/cognizance order dated 02.12.2023 until further orders; peti

Ankit Rajbhar and Another vs State of U.P… — Child Sexual Offences (POCSO) | Allahabad HC (2025)

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 1094 of 2025

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Applicant :- Ankit Rajbhar And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 4 Others

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Counsel for Applicant :- Ajey Singh Counsel for Opposite Party :- G.A.,Anil Kumar Tiwari

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Hon'ble Rajeev Singh,J.

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On 10.02.2025 following order was passed :

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"Heard.

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The present application has been filed by the applicants seeking following main relief:-

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"WHEREFORE, it is most humbly and respectfully prayed that the Hon'ble Court may kindly be pleased to set-aside the entire proceeding of Special Crl. Case No. 1266/2023 (State of U.P. Versus Ankit Rajbhar and others) arising out of impugned chargesheet No. A-116/2023, dated 03.10.2023 filed by the investigating officer against the applicant/petitioner No. 1 in Case Crime No. 107/2023, Under Section-363, 366, 376, I.P.C. and Section-3/4 of POCSO Act where as against the applicant/petitioner no. 2 in under section-368 & 120-B I.P.C. pertaining to Police Station-Sujauli, District-Bahraich and impugned cognizance/summoning order dated 02.12.2023 passed by the court of learned Additional District & Sessions Judge/Special Judge (POCSO Act), Bahraich by which the applicant/petitioner No. 1 has been summoned for facing of trial under section-363, 366, 376 I.P.C. & Section-3/4 POCSO Act whereas the applicant/petitioner no. 2 has been summoned for facing of trial under section-368 & 120-B I.?.?., as contained in Annexure No. 1 & 2 respectively to this petition and may also further be pleased to stay the further proceedings of the aforesaid case, during pendency of the present petition, in the interest of justice."

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Sri Anil Kumar Tiwari, Advocate has put in appearance on behalf of the opposite party No. 5/victim in the Court today and filed Vakalatnama, which is taken on record. He prays for and is granted two weeks' time to file response in the matter.

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Issue notice to the opposite party No. 2. Steps in this regard be taken within three working days.

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Learned AGA shall also inform the opposite party No. 2 regarding the pendency of the present case and file an affidavit of service by the next date of listing.

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List/put up this case on 27.02.2025 within top 30 cases showing the name of Sri Anil Kumar Tiwari, Advocate, as counsel for the opposite party No. 5.

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Taking note of the facts of the case, as indicated in the instant application, including that applicant No. 1 and opposite party No. 5/victim were having affair and the said relationship was not recognized by the opposite party No. 2, the FIR, in issue, was lodged by the opposite party No. 2 and presently the applicant No. 1 and opposite party No. 5/victim are living as husband and wife, let the pending proceedings before the trial court shall remain stayed till the next date of listing qua the applicants.

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In case, the steps are not taken within the time specified for this purpose, then the benefit of interim protection would not be available to the applicants.

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The parties are directed to appear in person before this Court on the next date of listing."

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In pursuance of the aforesaid order, victim is present before this Court and she has categorically stated that she was willing to solemnize marriage with applicant no.1 but her family members were annoyed against her because they want to solemnize her marriage with someone else. As a result, she jointed the company of applicant no.1 thereafter, due to annoyance, the first information report of the case in question was lodged. She further stated that she also appeared before the learned Magistrate and get her statement recorded under Section 164 CrPC wherein she has stated that she jointed the company of applicant no.1 with her own and thereafter entered into marriage in a temple. She has also solemnized marriage with applicant no.1 in Arya Samaj on 31.12.2024 after attaining the age of majority. She is residing with the applicant no.1 and is enjoying their married life. She also stated that the present criminal proceedings against the petitioners may be quashed.

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Learned A.G.A. has filed counter affidavit and stated that information was also given to the complainant of the present case but neither the complainant nor any counsel on his behalf is present to oppose the present application.

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Considering the submissions of the learned counsel for the applicants, learned A.G.A., and going through the contents of the first information report as well as statement of the victim made before this Court that she was willing to solemnize marriage with applicant no.1 but her family members were annoyed against her thereafter she jointed the company of applicant no.1 against the wishes of her family members and solemnized marriage with applicant no.1 in Arya Samaj on 31.12.2024 and further her statement recorded before the Magistrate under Section 164 CrPC wherein she has stated that she joined the company of applicant no.1 with her own and thereafter solemnized marriage with applicant no.1 in Arya Samaj after attaining the age of majority and she is residing with the applicant no.1 and is enjoying their married life but her statement was not considered and charge-sheet was

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submitted by the Investigating Officer against the applicants.

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In view of above, this Court is of the view that the matter requires consideration.

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List this case on 28.03.2025.

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Until further orders of this Court, no coercive steps shall be taken against applicants pursuant to the summoning/cognizance order dated 02.12.2023, passed by Additional District & Sessions Judge/Special Judge (Pocso Act), Bahraich.

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Petitioner no.1 is directed to file supplementary affidavit by the next date of listing annexing therewith Marriage Registration Certificate of the petitioner no.1 as well as victim of the present case. The victim, who is present before this Court today, need not appear until further orders of this Court.

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Order Date :- 27.2.2025. Rks.

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Digitally signed by :- RAJESH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench

Ankit Rajbhar and Another v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and 4 Others

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Ankit Rajbhar and Another v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and 4 Others

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