Mohituddin and 2 Others Vs State of U.P… — Child Sexual Offences (POCSO) | Allahabad HC (2025)

Mohituddin and 2 Others Vs State of U.P… — Child Sexual Offences (POCSO) | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Application disposed of with liberty as prayed: (i) liberty to apply for bail before the trial court, the bail prayer to be considered and decided expeditiously in accordance with law; (ii) liberty to move a discharge application before the court below if charges have not already been framed, to be decided expeditiously; and (iii) the concerned Police Officer is expected not to take coercive action against the applicants for 30 days from the date of the order or till they apply for bail, whichever is earlier.

Issue for consideration

Whether the impugned summoning order dated 29/03/2025 (Case Crime No. 107/2024, P.S.-Hardi, District-Bahraich) summoning the applicants to face trial under Ss. 363, 376-D, 506 IPC, 5(g)/6 POCSO Act and 3(2)v SC/ST Act ought to be quashed.

Court's answer

The application under Section 482 Cr.P.C/528 B.N.S.S is disposed of with liberty as prayed; if the applicants apply for bail before the court concerned, the prayer for bail shall be considered and decided expeditiously in accordance with law.

Ratio / Principle

Liberty is granted to the applicants to move a discharge application before the court below, if charges have not already been framed, and the same shall be decided expeditiously, in accordance with law, in case there is no other legal impediment.

Key takeaways

Taking note of the facts and the observations of the Apex Court in Satender Kumar Antil and Musheer Alam, the Court expects the concerned Police Officer not to take any coercive action against the applicants for a period of 30 days from the date of the order or till the applicants apply for bail, whichever is earlier.ratio¶¶15

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad, Lucknow Bench [Neutral Citation No. 2025:AHC-LKO:23819] (Manish Kumar, J.) — APPLICATION U/S 482 No. 3540 of 2025, Mohituddin & 2 Others v. State of U.P. & 3 Others (decided 25.4.2025): Application under Section 482 Cr.P.C/528 B.N.S.S seeking quashing of the summoning order dated 29/03/2025 (Case Crime No. 107/2024, P.S.-Hardi, District-Bahraich; Ss. 363, 376-D, 506 I.P.C., 5(g)/6 POCSO Act, 3(2)v SC/ST Act) was disposed of, not decided on merits, with (i) liberty to apply for bail before the trial court, the bail prayer to be considered and decided expeditiously; (ii) liberty to move a discharge application before the court below if charges have not already been framed, to be decided expeditiously absent legal impediment; and (iii) an expectation that the concerned Police Officer refrain from coercive action against the applicants for 30 days or till they apply for bail, whichever is earlier — taking note of Satender Kumar Antil v. Central Bureau of Investigation, (2022) 10 SCC 51 and Musheer Alam v. State of U.P., 2025 SCC Online SC 116.

Neutral Citation No. - 2025:AHC-LKO:23819

Court No. - 14

Case :- APPLICATION U/S 482 No. - 3540 of 2025

Applicant :- Mohituddin And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Applicant :- Rama Kant Dixit Counsel for Opposite Party :- G.A.

Hon'ble Manish Kumar,J.

Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.

The present application under Section 482 Cr.P.C/528 B.N.S.S has been filed with the following main prayer:-

"Wherefore, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to quash impugned summoning order dated 29/03/2025 by which the petitioners have been summoned to face trial under section 363, 376-D, 506 I.P.C., 5(g)/6 POCSO Act and 3(2)v SC/ST Act arises out of Case Crime No. 107/2024 P.S.-Hardi, District- Bahraich as contained in Annexure No. 1 to this petition.

It is further prayed that this Hon'ble Court may graciously be pleased to stay the summoning order dated 29/03/2025 by which the petitioners have been summoned to face trial under section 363, 376D, 506 I.P.C. and 5(g)/6 POCSO act and 3(2)v of SC ST Act arises out from case crime no. 107/2024 P.S. Hardi, District-Bahraich."

After arguing the matter at some length, learned counsel for the applicants has submitted that liberty may be given to the applicants to file bail application before the trial court which may be directed to be decided in view of law laid down by Hon'ble Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another, (2022) 10 S.C.R. 351 : (2022) 10 SCC 51 and Musheer Alam vs. State of Uttar Pradesh and Another, 2025 SCC Online SC 116 , and also to prefer a discharge application before the court below and the same may also be directed to be decided expeditiously.

Learned A.G.A has no objection to the prayer made by learned counsel for the applicants.

Keeping in view the aforesaid, the present application is disposed of with liberty as prayed for and with a direction to the court below that if the applicants applies for bail before the court concerned, prayer for bail shall be considered and decided expeditiously in accordance with law.

Liberty is also granted to the applicants to move discharge application before the court below, if charges have not already been framed, and the same shall be

decided expeditiously, in accordance with law, in case there is no other legal impediment.

Taking note of the facts of the case and also the observations made by the Hon'ble Apex Court in the case of Satendra Kumar Antil (Supra) and Musheer Alam (Supra) , this Court is of the view that it would be appropriate to observe that it is expected from the Police Officer concerned that for a period of 30 days from today or till the applicants apply for bail, whichever is earlier, they would not take any coercive action against the applicants in the aforesaid case.

Order Date :- 25.4.2025 DiVYa

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