Sonu Mali Alias Ishhak and Another Vs State… — Child Sexual Offences (POCSO) | Allahabad HC (2025)

Sonu Mali Alias Ishhak and Another Vs State… — Child Sexual Offences (POCSO) | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Application under Section 482 Cr.P.C. disposed of with directions: applicant to surrender before the concerned court within three weeks; bail application, if filed, to be decided expeditiously by the learned trial court in accordance with law; no coercive action against the applicant for three weeks or till surrender, whichever is earlier. The challenge to the charge sheet and cognizance order was not pressed and stands given up.

Issue for consideration

Whether the charge sheet dated 29.6.2023, the cognizance order dated 7.12.2023 and the entire proceedings of S.T. No. 2646 of 2023 (arising out of Case Crime No. 525 of 2022, P.S. Colonelganj, District Prayagraj) ought to be quashed. +1 more

Ratio / Principle

The applicant is directed to surrender before the concerned court within three weeks from the date of the order.

Key takeaways

If the applicant applies for bail, the learned trial court shall dispose of the bail application expeditiously in accordance with law.ratio¶11
For a period of three weeks from the date of the order, or until the applicant surrenders before the learned trial court, whichever is earlier, no coercive action shall be taken against him.ratio¶12

Detailed headnote1 paragraphs

Allahabad High Court (Jitendra Kumar Sinha, J.), Application U/S 482 No. 2807 of 2025, decided 8.8.2025 (Neutral Citation 2025:AHC:134808): The applicants sought quashing of the charge sheet dated 29.6.2023, cognizance order dated 7.12.2023 and the entire proceedings of S.T. No. 2646 of 2023 arising out of Case Crime No. 525 of 2022, P.S. Colonelganj, District Prayagraj — applicant no. 1 under sections 354, 354(gha), 323, 504, 506, 452 IPC and section 7/8 of POCSO Act, and applicant no. 2 under section 506 IPC. After some argument, counsel for the applicants gave up the challenge to the charge sheet and cognizance order, did not press the application on merits, and confined the prayer to protection to surrender before the trial court and expeditious disposal of the bail application; the learned AGA had no objection to short protection. Held/directed: (i) the applicant to surrender before the concerned court within three weeks; (ii) on such surrender, if bail is applied for, the trial court to dispose of the bail application expeditiously in accordance with law; (iii) no coercive action against the applicant for three weeks or till surrender, whichever is earlier. Application disposed of.

Neutral Citation No. - 2025:AHC:134808

Court No. - 77

Case :- APPLICATION U/S 482 No. - 2807 of 2025

Applicant :- Sonu Mali Alias Ishhak And Another Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Kalp Dev Mishra Counsel for Opposite Party :- G.A.

Hon'ble Jitendra Kumar Sinha,J.

Heard Shri Rohit Kumar holding brief of Sri Kalp Dev Mishra, learned counsel for the applicants, Shri Pawan Srivastava, learned AGA for the State and perused the record.

Instant application has been filed with the prayer to quash to quash the charge sheet dated 29.6.2023 including cognizance order dated 7.12.2023 as well as entire proceedings of S.T. No. 2646 of 2023 arising out of Case Crime No. 525 of 2022 against applicant no. 1 under section 354, 354(gha), 323, 504, 506, 452 IPC and section 7/8 of POCSO Act and against applicant no. 2 under section 506 IPC, P.S. Colonelganj, District Prayagraj. It is also prayed to stay the further proceeding of aforesaid case during pendency of present application.

After some argument, learned counsel for the applicant gave up his challenge to the aforesaid impugned charge sheet and cognizance order against the applicant and confined his submission requesting to grant some protection to the applicant to surrender before the learned trial court. The learned counsel for the applicant further stated at the Bar that he is not pressing any other prayer made in this application on merits and prayed that a direction may be issued to the concerned trial court to consider and decide the bail application of the applicant expeditiously.

Learned A.G.A. for the State of U.P. submits that in case the applicant is not pressing the relief as sought for by them on merits and wants to surrender before the concerned court, he has no objection in granting protection to them for a short period.

In view of the above, considering the aforesaid alternative prayer made by learned counsel for the applicant, it is directed that the applicant shall surrender before the concerned court within three weeks from today and in case he applies for bail, the bail

application of the applicant shall be disposed of expeditiously by the learned trial court in accordance with law

For the period of three weeks from today or till the time of surrender of the applicant before the learned trial court, whichever is earlier, no coercive action shall be taken against him.

With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of.

Order Date :- 8.8.2025 SY

Digitally signed by :- SUSHAMA YADAV High Court of Judicature at Allahabad