Siddharth Alias Shivam Vs State of U.P. and… — Child Sexual Offences (POCSO) | Allahabad HC (2025)

Siddharth Alias Shivam Vs State of U.P. and… — Child Sexual Offences (POCSO) | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Application dismissed as withdrawn with liberty to file a fresh application giving better particulars, details and proper relief; certified copies of documents appended with the application to be returned to the learned counsel for applicant after retaining photocopies on record.

Issue for consideration

Whether the present application under Section 528 BNSS should be allowed so as to quash the impugned order dated 04.03.2025 passed by the Special Judge (POCSO Act)/Additional Session Judge, Banda in Special Case No. 197/2024 and discharge the applicant from the proceedings, with stay of further proceedings. +1 more

Court's answer

Confronted with the objection regarding non-appending of the charge-sheet and prior witness statements, upon counsel's request for withdrawal, the application under Section 528 BNSS is dismissed as withdrawn, with liberty to file a fresh application giving better particulars, details and proper relief. The merits of the prosecution material were not adjudicated.

Detailed headnote1 paragraphs

Allahabad High Court (Court No. 70), single-judge order by Hon'ble Rajeev Misra, J., Order Date 15.4.2025. Application U/S 528 BNSS No. 12252 of 2025 by Siddharth alias Shivam, a charge-sheeted accused facing trial in Special Case No. 197/2024 (case crime No. 161/2023, Under Section 376 I.P.C., 5/6 POCSO Act and 3(2)5 SC/ST Act, Police Station Badausa, District Banda), prayed for quashment of the order dated 04.03.2025 of the Learned Special Judge (POCSO Act)/Additional Session Judge, Banda, his discharge from the proceedings, and stay of further proceedings. The learned A.G.A. objected that neither the charge sheet/police report in terms of Section 173 (2) Cr.P.C. nor the witnesses' statements recorded under Section 161 Cr.P.C. had been appended, handicapping assessment of the prosecution material, and submitted that the prohibition issued by the Apex Court in Kaptan Singh Vs. State of U.P., (2021) 9 SCC 35 was squarely attracted. On being confronted, counsel for applicant sought withdrawal; the Court dismissed the application as withdrawn with liberty to file fresh giving better particulars, details and proper relief, and directed that certified copies of appended documents be returned to counsel after photocopies are kept on record.

Neutral Citation No. - 2025:AHC:54724

Court No. - 70

Case :- APPLICATION U/S 528 BNSS No. - 12252 of 2025

Applicant :- Siddharth Alias Shivam Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ram Singh Counsel for Opposite Party :- G.A.

Hon'ble Rajeev Misra,J.

Heard Mr. Ram Singh, the learned counsel for applicant and the learned A.G.A. for State-opposite party-1.

Perused the record.

Applicant-Siddharth Alias Shivam, who is a charge sheeted accused and facing trial before court below, has approached this Court by means of present application under Section 528 BNSS with the following prayer:

" It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow the present application and to quash the impugned order dated 04.03.2025 passed by Learned Special Judge (POCSO Act)/Additional Session Judge, Banda in Special Case No. 197/2024 (State Vs. Siddharth @ Shivam and others), arising out of case crime No. 161/2023, Under Section 376 I.P.C. & 5/6 POCSO Act & 3(2)5 SC/ST Act, Police Station Badausa, District Banda and further prayed that this Hon'ble Court may be pleased to discharge the applicant from facing the rigma role of the proceedings of the case, so that justice seems to be done.

It is further prayed that further proceeding of Special Case No. 197/2024 (State Vs. Siddharth @ Shivam and others), arising out of case crime No. 161/2023, Under Section 376 I.P.C. & 5/6 POCSO Act & 3(2)5 SC/ST Act, Police Station Badausa, District Banda may be stayed during the pendency of the case; and/or pass such other and further order which this Hon'ble

Court may deem fit and proper under the facts and circumstances of the case."

At the very outset, the learned A.G.A. submits that the copy of the charge sheet/police report submitted by the Investigating Officer in terms of Section 173 (2) Cr.P.C. has not been appended alongwith present application. In absence of above, this Court is handicapped to find out as to on what material, applicant is being prosecuted. Furthermore, the previous statements of the witnesses recorded under Section 161 Cr.P.C. and also nominated in the charge sheet have not been brought on record. In absence of above, no finding can be returned by this Court on the issue as to whether as per material on record, there is no evidence against applicant and whether no offence is made out against applicant. Learned A.G.A. therefore submits that in the aforesaid circumstances, the prohibition issued by the Apex Court in Kaptan Singh Vs. State of U.P., (2021) 9 SCC 35 , is squarely attracted. As such, present application under Section 528 BNSS is liable to be dismissed.

When confronted with above, the learned counsel for applicant fairly submits that he may be permitted to withdraw the present application with liberty to file fresh giving better particulars, details and proper relief.

In view of above, this application is accordingly dismissed as withdrawn with liberty aforesaid.

Certified copies of the documents appended alongwith this application shall be returned to the learned counsel for applicant after obtaining photocopies of the same to be kept on record.

Order Date :- 15.4.2025 YK

Digitally signed by :- YASHWANT KUMAR High Court of Judicature at Allahabad