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

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

What the court decided

AI extract

Outcome

Interim procedural order: appeal admitted; trial court's record ordered to be summoned; fresh notices to opposite party No. 2 within three working days; S.H.O., P.S. Kohdaur (Pratapgarh) directed to inform the victim of the appeal's pendency and the suspension-of-sentence/bail application; appeal listed for 17.11.2025.

Issue for consideration

Whether the criminal appeal challenging the judgment of conviction dated 31.05.2025 should be admitted and the trial court's record summoned. +3 more

Court's answer

The Court admitted the instant criminal appeal challenging the judgment of conviction dated 31.05.2025 and ordered that the trial court's record be summoned.

Ratio / Principle

The trial court's record was considered relevant for the purposes of disposal of the appellant's application under Section 430 B.N.S.S. seeking suspension of sentence and bail, and was ordered to be summoned.

Key takeaways

Fresh notices were ordered to be issued to opposite party No. 2, with steps to be taken within three working days.ratio¶15
The S.H.O., Police Station Kohdaur, District Pratapgarh was directed to inform the victim of Case Crime No. 90/2015 of the pendency of the present appeal and of the application seeking suspension of sentence and bail.ratio¶16

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Court No. 13, Saurabh Lavania, J. (order dated 13.10.2025): Criminal Appeal No. 2090 of 2025 (Deepchandra v. State of U.P. thru. Prin. Secy., Home Deptt., Lko. and 3 Ors.) ADMITTED; the appeal challenges a judgment of conviction dated 31.05.2025 arising out of Case Crime No. 90/2015 (Sections 376, 506 IPC and Sections 3/4 POCSO Act), P.S. Kohdaur, District Pratapgarh. The Court took note that its earlier order dated 16.07.2025 had only issued notices to respondent Nos. 2 to 4, admitted the appeal, and summoned the trial court's record as relevant for disposal of the appellant's application under Section 430 B.N.S.S. (akin to now-repealed Section 389 Cr.P.C.) seeking suspension of sentence and enlargement on bail. Fresh notices were ordered to opposite party No. 2 (steps within three working days); the S.H.O., P.S. Kohdaur was directed to inform the victim of the pendency of the appeal and of the bail/suspension application. Matter listed for 17.11.2025. No precedent engaged; purely interim/procedural directions.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL APPEAL No. - 2090 of 2025

Deepchandra

.....Appellant(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others

.....Respondent(s)

Counsel for Appellant(s)	: Avinash Kumar Sharma
Counsel for Respondent(s)	: G.A., Amitabh Kumar Tripathi, Ashish Kumar Shukla

Court No. - 13

HON'BLE SAURABH LAVANIA, J.

A perusal of this Court's earlier order dated 16.07.2025 indicates that only notices were issued to the respondent Nos. 2 to 4.

Taking note of the aforesaid and also the fact that present appeal has been filed challenging the judgment of conviction dated 31.05.2025, this Court finds it appropriate to admit the instant appeal and summon the trial court's record, which would be relevant for the purposes of disposal of application filed by the appellant under Section 430 B.N.S.S., akin to Section 389 Cr.P.C. (now repealed), seeking suspension of sentence and enlarging the appellant on bail.

Accordingly, the instant appeal is admitted .

Summon the trial court's record.

Let fresh notices be issued to the opposite party No. 2. Steps in this regard be taken within three working days.

In addition to above, S.H.O. of Police Station- Kohdaur, DistrictPratapgarh is also directed to inform the victim of Case Crime No. 90/2015, under Sections- 376, 506 IPC and Section- 3/4 POCSO Act, Police Station- Kohdaur, District- Pratapgarh regarding pendency of present appeal and also the application seeking suspension of sentence and enlarging the appellant on bail.

List/put up the instant appeal on 17.11.2025.

(Saurabh Lavania,J.)

October 13, 2025

Arun/-

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