Dismissed¶15

Shahid Khan v. State of U.P. and 3 Others

Allahabad HC2 May 2025NA528/14132/2025

Case brief

AI extract

What is this about?

Allahabad High Court, Court No. 70, 12.5.2025 (2025:AHC:77323); Sec. 528 BNSS application No. 14132/2025 by charge-sheeted accused Shahid Khan seeking quashing and stay of Sessions Trial No. 310 of 2019 (Case Crime No. 123/2019; Secs. 363, 366-A, 376 IPC; Secs. 3/4 POCSO Act, P.S. Aurangabad, Bulandshahar); dismissed as withdrawn after A.G.A.'s preliminary objection that Sec. 528 BNSS does not lie against consequential proceedings absent challenge to cognizance-taking/summoning order; liberty to refile with better particulars; no precedent cases engaged.

What did the court decide?

Dismissal as withdrawn, with liberty to file a fresh application giving better particulars, details and proper reliefs; certified copies of appended documents to be returned after photo copies are kept on record. ¶15

Shahid Khan vs State of U.P. and 3 Others — Child Sexual Offences (POCSO) | Allahabad HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the application under Section 528 B.N.S.S. filed by Shahid Khan, praying for quashing of the entire proceedings of Sessions Trial No. 310 of 2019 (State v. Shahid Khan) and for stay of further proceedings therein, should be granted or dismissed. +1 more

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Court's answer

This application under Section 528 B.N.S.S. is dismissed as withdrawn, with liberty to the applicant to file a fresh application giving better particulars, details and proper reliefs.

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Key takeaways

Certified copies of the documents appended along with the application shall be returned to the learned counsel for the applicant after obtaining photo copies of the same to be kept on record.obiter¶16

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Court No. 70) — Rajeev Misra, J. — Neutral Citation 2025:AHC:77323 — APPLICATION U/S 528 BNSS No. 14132 of 2025, Shahid Khan v. State of U.P. & 3 Ors. Applicant, a named and charge-sheeted accused facing trial in Sessions Trial No. 310 of 2019 (State v. Shahid Khan), arising out of Case Crime No. 123 of 2019, under Sections 363, 366-A, 376 IPC and Sections 3/4 of the Protection of Children from Sexual Offences Act, 2012, Police Station Aurangabad, District Bulandshahar (pending before Additional Sessions Judge/Special Judge, Pocso Act), sought quashing of the entire proceedings and stay of further proceedings. Learned A.G.A.'s preliminary objection: no charge sheet/police report or cognizance-taking/summoning order of the Court below had been challenged, the prayer being directed against consequential proceedings, against which, per the A.G.A., no application under Section 528 B.N.S.S. lies. Confronted therewith, the applicant's counsel withdrew the application with liberty to file afresh with better particulars, details and proper reliefs. Application dismissed as withdrawn with said liberty; certified copies returned after retention of photo copies on record. Court expressed no independent view on the consequential-proceedings objection.

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Neutral Citation No. - 2025:AHC:77323

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Court No. - 70

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Case :- APPLICATION U/S 528 BNSS No. - 14132 of 2025

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Applicant :- Shahid Khan Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ajay Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Misra,J.

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Heard Mr. R.K. Shukla, Advocate, holding brief of Mr. Ajay Kumar, the learned counsel for applicant and the learned A.G.A. for State opposite party 1.

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Perused the record.

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Applicant Shahid Khan, who is a named as well as charge sheeted acused and facing trial before Court below, has approached this Court by means of present application under Section 528 B.N.S.S.with the following prayer:-

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"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the entire proceedings of Sessions Trial No.310 of 2019 (State Vs. Shahid Khan), arising out of Case Crime No.123 of 2019, under Sections 363, 366-A, 376 IPC and Sections 3/4 of the Protection of Children from Sexual Offences Act, 2012, Police Station-Aurangabad, District-Bulandshahar, presently pending in the Court of the learned Additional Sessions Judge/ Special Judge (Pocso Act), District-Bulandshahar.

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It is further prayed that this Hon'ble Court may further graciously be pleased to stay the further proceedings in Sessions Trial No.310 of 2019 (State Vs. Shahid Khan), arising out of Case Crime No.123 of 2019, under Sections 363, 366-А, 376 IPC and Sections 3/4 of the Protection of Children from Sexual Offences Act, 2012, Police Station-Aurangabad, District-Bulandshahar, presently pending in the Court of the learned Additional Sessions Judge/ Special Judge (Pocso Act), DistrictBulandshahar during pendency of the instant application before this Hon'ble Court.

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Such other and further order(s) may also be passed in favour of applicant, which this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case."

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On the matter being taken up, the learned A.G.A. has raised a preliminary objection by contending that in the absence of charge

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sheet/police report submitted by the Investigating Officer, Cognizance Taking Order/summoning order passed by Court below, the prayer prayed for by means of present application is directed against consequential proceedings. It is by now well settled that no application under Section 528 B.N.S.S. lies against consequential order/consequential proceedings. On the above premise, the learned A.G.A., therefore, contends that present application is misconceived and therefore liable to be dismissed by this Court.

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When confronted with above, the learned counsel for applicant fairly submits that present application be dismissed as withdrawn with liberty to file fresh giving better particulars, details and proper reliefs.

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

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

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Order Date :- 12.5.2025/HSM

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Digitally signed by :- HARI SHANKER MISHRA High Court of Judicature at Allahabad

Shahid Khan v. State of U.P. and 3 Others

Case brief

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Shahid Khan v. State of U.P. and 3 Others

Case brief

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