Ankit Kumar Pandey vs State of U.P. Thru… — Child Sexual Offences (POCSO) | Allahabad HC (2025)

Ankit Kumar Pandey vs State of U.P. Thru… — Child Sexual Offences (POCSO) | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Interim relief in a pre-decisional stage: learned A.G.A. and opposite party no.2 permitted/directed to file counter affidavits within three weeks; matter listed for the week commencing 03.03.2025; till the next date of listing, further proceedings arising from the summoning order dated 23.09.2024 (Complaint Case No.114 of 2023) stayed. Final disposal of the quashing prayer deferred.

Issue for consideration

Whether the entire proceedings in Complaint Case No.114 of 2023 (Sections 354-B IPC and 7/8 POCSO Act), Police Station Hardi, District Bahraich, including the summoning order dated 23.09.2024 passed by the Additional Sessions Judge/Special Judge, POCSO Act, should be quashed.

Court's answer

In view of the submissions regarding multiple pending cases between the applicant and the complainant, the court held prima facie that the matter raised in the S.482 CrPC application requires consideration, and on that basis sought counter affidavits and granted an interim stay of further proceedings arising from the summoning order dated 23.09.2024.

Detailed headnote1 paragraphs

Application under S.482 CrPC (No. 593 of 2025) by Ankit Kumar Pandey, Allahabad High Court, Lucknow Bench (Brij Raj Singh, J.; order dated 7.2.2025), praying for quashing of the entire proceedings and the summoning order dated 23.09.2024 passed by the Additional Sessions Judge/Special Judge (POCSO Act) in Complaint Case No.114 of 2023 under Section 354-B IPC and 7/8 POCSO Act, Police Station Hardi, District Bahraich (Ram Kumar vs. Ankit Kumar and ors). Counsel submitted that extensive litigation was pending between the applicant and the complainant (opposite party no.2), including a suit memo under Section 24, U.P. Revenue Code, 2006, a case registered under Sections 379/504 IPC on 22.08.2023, and a complaint (No.23912 of 2023) by the complainant's brother, and that the applicant had thereby been roped into the present criminal case. Finding the matter prima facie to require consideration, the court directed the A.G.A. and opposite party no.2 to file counter affidavits within three weeks, listed the matter for the week commencing 03.03.2025, and stayed further proceedings flowing from the summoning order until the next date of listing.

Court No. - 28

Case :- APPLICATION U/S 482 No. - 593 of 2025 Applicant :- Ankit Kumar Pandey Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others

Counsel for Applicant :- Bal Krishna Shukla Counsel for Opposite Party :- G.A.,Lalu Prasad Bhatt

Hon'ble Brij Raj Singh,J.

Case called out. Heard learned counsel for the applicant and learned AGA for the State. Nobody is present for opposite party no.2.

The present 482 Cr.P.C. application has been filed with a prayer to quash the entire proceedings as well as summoning order dated 23.09.2024 passed by the Additional Sessions Judge/Special Judge, POCSO Act in Complaint Case No.114 of 2023 under Section 354 B IPC and 7/8 POCSO Act, Police Station Hardi, District Bahraich (Ram Kumar vs. Ankit Kumar and ors).

It is the case of the applicant that litigation is going on between the applicant and complainant i.e. opposite party no.2. Learned counsel for the applicant has brought on record the memo of suit of Section 24 of U.P. Revenue Code, 2006. He submitted that opposite party no.2 filed a complaint against the applicant and the family members and a case was registered under Section 379, 504 IPC. Police Station Hardi on 22.08.2023. The brother of opposite party no. 2 also moved a complaint No.23912 of 2023 against the applicant. Learned counsel submitted that many cases are pending between the applicant and complainant therefore, the applicant has been roped in the present criminal case.

In view of the aforesaid, prima facie, it appears that the matter requires consideration.

Learned A.G.A. as well as the opposite party No. 2 may file their counter affidavits within a period of three weeks.

List in the week commencing 03.03.2025.

Till the next date of listing, further proceedings in respect of summoning order dated dated 23.09.2024 passed by the Additional Sessions Judge/Special Judge, POCSO Act in Complaint Case No.114 of 2023 under Section 354 B IPC and 7/8 POCSO Act, Police Station Hardi, District Bahraich (Ram Kumar vs. Ankit Kumar and ors) shall remain stayed.

Order Date :- 7.2.2025 Pks

Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench