Irshad and 3 Others Vs State of U.P. and 3… — Child Sexual Offences (POCSO) | Allahabad HC (2025)

Irshad and 3 Others Vs State of U.P. and 3… — Child Sexual Offences (POCSO) | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the entire proceedings of Session Case no. 998 of 2025 in Case Crime no. 296 of 2024 (State vs. Irshad and others) under sections 333, 352, 351(3), 76, 115(2), 117 BNS and 7/8 POCSO Act, pending before Additional District Judge, Court no. 13, Saharanpur, should be quashed through the application under Section 528 BNSS. +1 more

Court's answer

Inherent powers under Section 528 BNSS are to be exercised sparingly and with caution, primarily to prevent abuse of the process of the court or to secure the ends of justice.

Ratio / Principle

Assertions of false implication raised by the applicants are factual issues that require proper adjudication by the trial court based on evidence, and cannot be conclusively determined in proceedings under Section 528 BNSS.

Key takeaways

In the instant case, no sufficient ground was made out to invoke the extraordinary jurisdiction of this Court under Section 528 BNSS.ratio¶13
The application under Section 528 BNSS is devoid of merits and is accordingly dismissed.ratio¶14

Detailed headnote1 paragraphs

Allahabad High Court (Saurabh Srivastava, J.; Order Date 25.4.2025) dismissed Application U/S 528 BNSS No. 10697 of 2025 by Irshad and three others, which sought quashing of the entire proceedings of Session Case no. 998 of 2025 in Case Crime no. 296 of 2024 (State vs. Irshad and others) under sections 333, 352, 351(3), 76, 115(2), 117 BNS and 7/8 POCSO Act, pending before the learned Additional District Judge, Court no. 13, Saharanpur. Applicants argued the case was a counter blast to earlier FIR Case Crime no. 231 of 2024 (sections 452, 323, 504, 427, 506 IPC) lodged by applicant no. 3, in respect of which a final report was filed on 19.09.2024, and that the present FIR was lodged over old enmity regarding a property dispute. On the Court's precise query, applicants replied in the negative when asked whether the FIR of the present case had ever been put under challenge. The Court held that assertions of false implication are factual issues requiring adjudication by the trial court based on evidence and cannot be conclusively determined in proceedings under Section 528 BNSS; that the inherent powers under Section 528 BNSS are to be exercised sparingly and with caution, primarily to prevent abuse of the process of the court or to secure the ends of justice; found no sufficient ground to invoke the extraordinary jurisdiction; and dismissed the application as devoid of merits.

Neutral Citation No. - 2025:AHC:65091

Court No. - 74

Case :- APPLICATION U/S 528 BNSS No. - 10697 of 2025

Applicant :- Irshad And 3 Others Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ram Prakash Vishwakarma Counsel for Opposite Party :- G.A.

Hon'ble Saurabh Srivastava,J.

Heard learned counsel for the parties.

Present application has been preferred with the prayer to quash the entire proceeding of Session Case no. 998 of 2025 in Case Crime no. 296 of 2024 (State vs. Irshad and others) under sections 333, 352, 351(3), 76, 115(2), 117 BNS and 7/8 POCSO Act, PSNagal, District Saharanpur, pending before learned Additional District Judge, Court no. 13, Saharanpur.

Learned counsel for applicant submitted that present case is a counter blast case since earlier, applicant no. 3 lodged FIR against the informant and her husband namely Taslim and others which was registered as Case Crime no. 231 of 2024 in pursuance to sections 452, 323, 504, 427, 506 IPC wherein, the concerned police authority filed final report on dated 19.09.2024 against opposite party no. 2 and her family members and the matter is still pending before competent court. Applicant no. 3 and opposite party no. 2 are family members but due to old enmity regarding some property dispute, present FIR has been lodged against the applicants only to pressurize the applicants for not pressing earlier FIR bearing Case Crime no. 231 of 2024. Entire allegations made in the charge sheet and FIR of present case, bearing number Case Crime no. 296 of 2024 is totally false and fabricated hence entire proceeding is liable to be quashed.

Per contra, learned AGA vehemently opposed the prayer sought through the instant application.

After hearing the rival submissions extended by learned counsels for the parties and perusing the records, this Court made a precise query before learned counsel for applicant that if the version of FIR is being negated by applicants, whether the FIR of present case has ever been put under challenge, the same has been

replied in negative.

Further, the assertions of false implication raised by the applicants are factual issues that requires proper adjudication by the trial court based on evidence and cannot be conclusively determined in proceedings under Section 528 BNSS.

It is well settled that the inherent powers under Section 528 BNSS are to be exercised sparingly and with caution, primarily to prevent abuse of the process of the court or to secure the ends of justice. In the instant case, no sufficient ground have been made out to invoke the extraordinary jurisdiction of this Court under Section 528 BNSS.

In view of the foregoing, the application under Section 528 BNSS is devoid of merits and is accordingly dismissed .

Order Date :- 25.4.2025 Shaswat

Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad