Masoom Raza Rahi @ Rahi Masoom Raza Vs State of Up and 3 Others

Neutral Citation No. - 2025:AHC:123359

Court No. - 92

Case :- CRIMINAL REVISION No. - 5311 of 2024

Revisionist :- Masoom Raza Rahi @ Rahi Masoom Raza Opposite Party :- State Of Up And 3 Others Counsel for Revisionist :- Piyush Patel,Pradeep Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Harvir Singh,J.

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List has been revised.

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None appeared on behalf of the revisionist to press this revision, whereas Sri Rajiv Kumar Singh, learned A.G.A. for the State is present.

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By way of present revision, the revisionist has challenged the order dated 10.09.2024 passed by learned Special Judge, Exclusive Court (POCSO) Act, Maharajganj. By the said order, the application of the revisionist, bearing No. 98Kha and 101Kha has been dismissed. The said application was moved for declaring the victim to be major at the time of incident, which took place on 28.08.2023.

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The main issue before the learned trial court was, whether the victim was major or minor at the time of incident in respect whereof the FIR was lodged at case crime No. 514 of 2023, under Sections 302, 376, 354, 452, 323, 504, 506 I.P.C., Section 3/4 The Protection of Children from Sexual Offences (POCSO) Act and Section 3(2)(v) The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act , 1989.

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The allegations of interrupting the court proceedings before the Trial Court have been made against the accused/revisionist Masoom Raza Rahi. A bare perusal of the case file, reveals that the revisionist also moved an application prior to the present one in question, wherein the learned trial Court passed an order dated 5.1.2024 holding that the victim of the case is a minor and therefore, the relevant

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Sections of POCSO Act are made out against the accused.

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Aggrieved by the said order, the revisionist/applicant moved an application U/s 482 Cr.P.C. No. 1701 of 2024 (Masoom Raza Rahi @ Rahi Masoom Raza vs. State of U.P. and 04 others) and after arguing for sometime, learned counsel for the applicant therein, has withdrawn the said application. The order passed by this Court in application U/s 482 Cr.P.C. No. 1701 of 2024 (Masoom Raza Rahi @ Rahi Masoom Raza vs. State of U.P. and 04 others) reads as under:-

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"Applicant has filed this application under Section 482 Code of Criminal Procedure for quashing of the charge sheet dated 03.11.2023 as well as the impugned order dated 05.01.2024 passed by the Special Judge, Exclusive Court (POCSO Act), Maharajganj in Special Sessions Trial No. 1169 of 2023; titled State vs. Massom Raza Rahi @ Rahi Masoom Raza, arising out of Case Crime No. 514 of 2023, under Sections 302, 376, 354, 452, 323, 504, 506, 214, 201, 120-B IPC and 7/8 Protection of Children from Sexual Offences Act, 2012 and 3(2)(v) Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, Police Station Kotwali, District Maharajganj.

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Learned Senior Counsel states that after filing of the application, the charges against the applicant have been framed including for alleged commission of offence punishable under Protection of Children from Sexual Offences Act, 2012 and revision petition against the said order has been filed on the ground that the victim is major, therefore, according to him, nothing survives for adjudication in this case and he prays for withdrawal of this application.

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The application is dismissed as withdrawn."

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Learned A.G.A. appearing on behalf of the State has submitted that in the order 05.01.2024 passed by the learned trial court, it has been held that the victim is minor and the relevant sections of POCSO Act has been levelled in letter and spirit of POCSO Act. Though the said order was challenged by the revisionist, by filing an application under Section 482 Cr.P.C. No. 1701 of 2024, however the said application was dismissed as withdrawn, hence the orders dated 5.1.2024 and 03.11.2023 have attained finality.

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A reading of order dated 27.2.2024 passed by this Court, reveals that no such liberty was sought that the revisionist/applicant shall further agitate the matter before the trial court.

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For the same relief, stating therein that the victim is major the revisionist has moved another application praying that the victim be declared as major and in the event, the victim is major, then no sections whatsoever should be disclosed under the POCSO Act and will not have any effect to the facts and circumstances of the case. The said application, filed subsequent to the order passed by this Court, the learned Trial Court has passed the order under challenge, i.e. order dated 10.9.2024 and the present revision has been filed, without challenging the order dated 5.1.2024.

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Learned A.G.A. further submitted that, so far as the order dated 27.2.2024 passed by this Court is concerned, no challenge has been made to the said order and submitted that if once an application is withdrawn, no further challenge can be made against the same order. Learned counsel submitted and apprised that, once an issue has been decided between the parties, inasmuch as the victim has been declared minor by learned trial court vide order dated 5.1.2024, then remedy was left for the revisionist to challenge the said order, i.e 05.01.2024. However, the revisionist has challenged the order dated 05.01.2024 before this Court by preferring an application U/s 482 Cr.P.C. and the same was dismissed as withdrawn, without seeking any liberty in the matter. He further submitted that the allegations of misbehaviour and interrupting the Court's hearing have also been levelled against the revisionist, however without going into the other controversies, since the order dated 5.1.2024 holding the victim as minor has already been passed by the trial court, which has attained finality and stands as on date, then in subsequent application/revision, the same issue cannot be entertained by this Court. No interference is called for in this revision.

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The instant revision is devoid of merits and is accordingly dismissed.

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Order Date :- 25.7.2025 Faridul

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Digitally signed by :- FAREEDUL HASAN High Court of Judicature at Allahabad

Masoom Raza Rahi @ Rahi Masoom Raza v. State of Up and 3 Others

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Masoom Raza Rahi @ Rahi Masoom Raza v. State of Up and 3 Others

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