Disposed

Sebu v. State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others

Allahabad HC21 Aug 2025A482/6724/2025

Case brief

AI extract

What is this about?

Application under Section 482 Cr.P.C./528 BNSS seeking quashing of a POCSO complaint proceeding and stay of the summoning order dated 15.07.2025, noting a prior similar complaint was rejected and a civil dispute exists between the parties. The court found the matter required consideration, issued notices to opposite parties Nos. 2 and 5 and stayed proceedings qua the applicant until 22.09.2025.

What did the court decide?

Proceedings in Complaint Case no.103/2024 stayed qua the applicant till next hearing date; matter listed for 22.09.2025.

Sebu vs State of U.P. Thru. Prin. Secy. Home… — Child Sexual Offences (POCSO) | Allahabad HC (2025)

¶1

Court No. - 11

¶2

Case :- APPLICATION U/S 482 No. - 6724 of 2025 Applicant :- Sebu Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Rahul Kumar Shukla,Abhay Dwivedi,Shivam Srivastava Counsel for Opposite Party :- G.A.

¶3

Hon'ble Saurabh Lavania,J.

¶4

Learned counsel for the applicant prays for and is permitted to implead the victim of the case as opposite party No.5 in the array of parties, during the course of the day.

¶5

Heard learned counsel for the applicant, learned AGA for the State and perused the record.

¶6

The present application has been filed by the applicant seeking following main relief(s):-

¶7

"It therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow this application under 482 Cr.P.C./528 B.N.S.S. and quash the entire criminal proceeding of Complaint Case no.103/2024 (Rekha Versus Shebu and others) pending in the Court of Additional Sessions Judge/Special Judge (Protection of Children from Sexual Offences Act), Bahraich, Under Section 74 B.N.S. and 7/8 POCSO Act, District - Bahraich against the applicant in the interest of justice.

¶8

It is, further respectfully prayed that this Hon'ble Court may graciously be pleased to stay operation and implementation of the summoning order dated 15.07.2025 passed by Court of Court of Additional Sessions Judge/Special Judge (Protection of Children from Sexual Offences Act), Bahraich, Under Section 74 B.N.S. and 7/8 POCSO Act, District - Bahraich against the applicant during pendency of this petition in the interest of justice."

¶9

Considering the facts as indicted including that earlier with the same allegations the mother of the victim/opposite party No.2 instituted a case which was rejected vide order dated 18.10.2024 and thereafter the victim/opposite party No.5

¶10

leveled similar allegations against the applicant and also that there is a civil dispute pending between the parties, this Court finds that the matter required consideration.

¶11

Issue notice to the opposite party Nos.2 and 5 returnable at an early date. Steps to be taken within seven working days.

¶12

List this case on 22.09.2025 along with service report.

¶13

Till the next date of listing the proceedings in issue shall remain stayed qua the applicant.

¶14

Let opposite party Nos.2 and 5 be informed by the S.H.O. of the Police Station concerned regarding the date fixed in the matter.

¶15

Learned A.G.A. is directed to communicate this order to the S.H.O. of the Police Station concerned to ensure compliance.

¶16

Order Date :- 21.8.2025

¶17

ML/-

¶18

Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench

Sebu v. State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

Sebu v. State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Mata Bux Singh vs State of U.P. Thru.Its Addl. Chief Secy. Housing and Urban Planning Deptt. and 4 Others

Kiran Devi vs State of U.P. Thru. Prin. Secy. Home Lko. and Another

Smt. Nidhi Singh vs Union of India Thru. Its Deputy Narcotics Commissioner Central Bureau of Narcotics Lko. and Another

Subhash Yadav and 5 Others vs State of U.P. Thru. Its Prin. Secy. Home Lko. and Another

Bala Devi Alias Baba Devi and 4 Others vs State of U.P. Thru. Prin. Secy. Home Lko. and 2 Others

Lavkush vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko and Another