Informant sought quashing of an order rejecting his application under Section 216 Cr.P.C. to alter charges in a POCSO sessions case. Counsel stated the application was filed at pre-evidence stage and sought withdrawal with liberty to move again after prosecution witnesses deposed. Application dismissed as withdrawn with that liberty.
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Neutral Citation No. - 2025:AHC:6459
Court No. - 71
Case :- APPLICATION U/S 482 No. - 36122 of 2024
Applicant :- Arvind Tyagi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pankaj Kumar Tyagi Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
" It is, therefore, Most Respectfully prayed that this Hon'ble Court may graciously be pleased to allow the present application and further be pleased to quash the impugned order dated 14.12.2023 passed by the learned Additional Sessions Judge/Special Judge, POCSO Act (First), Gautam Buddha Nagar over Application 23Kha moved by the applicant (informant) in Sessions Case No.311 of 2023 (State vs. Shoab and Others) arising out of Case Crime No.09 of 2023, under Sections- 376, 328, 506, 406, 411 I.P.C. and Section-5/16 of Protection of Children from Sexual Offences Act and Section-3/5 of Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021, Police Station-Phase-2, District-Gautam Buddha Nagar.
It is further prayed that this Hon'ble Court may kindly be pleased to direct the court concerned to alter the charge against the opposite party no.2 and add Sections-420, 467, 468, 471 I.P.C. and proceed the trial accordingly, and/or pass such other and further order, which this Hon'ble Court may deem fit and proper under the circumstances of the case, otherwise the
applicant shall suffer irreparable loss and injury."
5.Learned counsel for applicant fairly stated that the said application was filed at pre-evidence stage. He therefore submits that present application be dismissed as withdrawn with liberty to file an application under Section 216 Cr.P.C. before court below itself after the prosecution witnesses have deposed before court below.
Order Date :- 15.1.2025 YK
Digitally signed by :- YASHWANT KUMAR High Court of Judicature at Allahabad
1 issue framed by the court
Whether the High Court should quash the trial court's rejection of the informant's Section 216 Cr.P.C. application and direct alteration of charges.
2 provisions across 1 enactments
Arvind Tyagi
State of U.P.
Opposite Party no. 2
Rajeev Misra
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
