Mrs. X, the Complainant in Special Sessions… — Child Sexual Offences (POCSO) | Allahabad HC (2025)

Mrs. X, the Complainant in Special Sessions… — Child Sexual Offences (POCSO) | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Interim/compliance directions only, appeal not finally decided: (i) personal appearance of respondent no. 3 dispensed with till further orders; (ii) Non-bailable Warrant against respondent no. 2, to be produced before the CJM by 02.05.2025 with a report thereafter; (iii) registry to redact the informant's name in the memo of appeal and adopt the 'Mrs. X' case title; (iv) appellant's counsel to furnish a copy of the appeal to Sri Atul Kumar Singh Parmar; (v) matter listed on 05.05.2025.

Issue for consideration

Whether the personal appearance of respondent no. 3-Ram Kishore, who has surrendered and been released on bail, may be dispensed with on his counsel's undertaking to appear whenever the appeal is listed. +2 more

Court's answer

The personal appearance of respondent no. 3-Ram Kishore is dispensed with till further orders, his counsel having filed power (taken on record) and undertaken to appear when the appeal is listed.

Ratio / Principle

A Non-bailable Warrant is issued against respondent no. 2-Vinay Kumar; the Superintendent of Police, Hardoi is to ensure his apprehension and production before the CJM concerned within three weeks, i.e. latest by 02.05.2025, and the CJM is to report to this Court forthwith upon production.

Key takeaways

The registry is directed to redact the name of the original appellant/informant in the memo of appeal; the case title is to describe her as 'Mrs. X', complainant in Special Sessions Trial No. 15/2014 (Case Crime No. 44 of 2014), and the cause list is to show Sri Atul Kumar Singh Parmar as counsel for respondent no. 3.ratio¶15

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Criminal Appeal u/s 372 Cr.P.C. No. 36 of 2025 (order dated 11.4.2025, Coram: Sangeeta Chandra, J. and Shree Prakash Singh, J.) - interlocutory/compliance order arising from a trial under Sections 376A/34, 302/34, 201 IPC and Section 3/4 POCSO Act (P.S. Kotwali Shahar, District Hardoi): (1) personal appearance of respondent no. 3-Ram Kishore, who had surrendered and been released on bail, dispensed with till further orders on his counsel's undertaking; (2) Non-bailable Warrant issued against respondent no. 2-Vinay Kumar, who failed to surrender despite repeated raids, with the Superintendent of Police, Hardoi directed to produce him before the CJM by 02.05.2025 and the CJM to report forthwith; (3) registry directed to redact the complainant/informant's name in the memo of appeal, the case title to read 'Mrs. X'; matter listed for 05.05.2025. No final decision on the appeal; no precedent engaged.

Court No. - 9

Case :- CRIMINAL APPEAL U/S 372 CR.P.C. No. - 36 of 2025

Appellant :- Khelvati Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others Counsel for Appellant :- Prashant Kumar,Devika Singh,Yogeeta Chandra

Counsel for Respondent :- G.A.

Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Shree Prakash Singh,J.

In compliance of the order of this Court, the Chief Judicial Magistrate, Hardoi has sent a report dated 10th of April, 2025 stating that respondent no. 3- Ram Kishore S/o Kalekhan had surrendered and got himself bailed out.

Respondent no.2-Vinay Kumar did not surrender. The police station concerned has submitted a report regarding repeated raids being undertaken on the given address, but Vinay Kumar could not be found.

Sri Atul Kumar Singh Parmar, Advocate has filed power on behalf of respondent no. 3-Ram Kishore, which is taken on record. He has identified Ram Kishore, who is present in Court. He prays that the personal appearance of Ram Kishore be dispensed with, as he undertakes to appear on behalf of respondent no. 3 as and when the appeal is listed.

The personal appearance of respondent no. 3-Ram Kishore is dispensed with till further orders of this Court.

Since respondent no. 2-Vinay Kumar could not be found and the bailable warrant could not be executed, we deem it appropriate to issue Non-bailable Warrant against Vijay Kumar-respondent no. 2.

Let Non-bailable Warrant be issued against Vinay Kumarrespondent no. 2. Superintendent of Police, Hardoi shall ensure that Vinay Kumar is apprehended and is produced before the CJM concerned within three weeks i.e. latest by 02.05.2025. In case, he is apprehended and produced before the CJM concerned, the CJM shall submit a report to this Court forthwith.

List this matter on 05.05.2025.

Learned counsel for the appellant has stated that

because of inadvertent mistake, the name of complainant. disclosing her identity, was shown in the memo of appeal. It has been scored out but it has not been redacted by the registry.

The registry is directed to redact the name of original appellant/informant, as mentioned in the memo of the appeal. The case title shall be as follows:

"Mrs. 'X', the complainant in Special Sessions Trial No. 15/2014 in Case Crime No. 44 of 2014, under Sections 376A/34, 302/34, 201 IPC and Section 3/4 of POCSO Act, Police Station Kotwali Shahar, District Hardoi."

The counsel for the appellant shall give a copy of the appeal to Sri Atul Kumar Singh Parmar, Advocate appearing for respondent no. 3.

List this matter on 5th of May, 2025 in the cause list showing the name of Sri Atul Kumar Singh Parmar as counsel for the respondent no. 3.

[Shree Prakash Singh,J.][Sangeeta Chandra,J.]

Order Date :- 11.4.2025 kkv/

Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench