Dismissed¶12

Sudhir v. State of Up and 2 Others

Allahabad HC25 May 2025NA528/14364/2025

Case brief

AI extract

What is this about?

Section 528 BNSS quashing application dismissed; Section 311 CrPC recall application; recall of PW-3 doctor and PW-5 investigating officer; four opportunities to cross-examine (16.11.2022, 30.11.2022, 07.02.2023, 23.02.2023); Section 33(5) POCSO Act repeated calling of witness; Special Judge (POCSO) Ghaziabad; Criminal Case No.277/2019; Case Crime No.720/2019; Section 376 IPC read with Sections 3/4 POCSO Act; Vinod Diwakar J.; order dated 26.5.2025.

What did the court decide?

The application under Section 528 BNSS is dismissed: in light of the trial court's order dated 05.04.2023, no case for quashing the impugned orders was made out. ¶12

Sudhir Vs State of Up and 2 Others — Child Sexual Offences (POCSO) | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:89176

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Court No. - 76

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Case :- APPLICATION U/S 528 BNSS No. - 14364 of 2025

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Applicant :- Sudhir Opposite Party :- State Of Up And 2 Others Counsel for Applicant :- Virendra Singh Counsel for Opposite Party :- G.A.

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Hon'ble Vinod Diwakar,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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The instant application under Section 528 B.N.S.S. has been filed with the prayer to quash the impugned order dated 05.04.2023 passed by learned Special Judge (POCSO) Ghaziabad (Annexure No.7) as well a impugned orders dated 19.04.2023 & 14.06.2024 passed by learned Special Judge (POCSO Act)/Additional District and Sessions Judge, Ghaziabad (Annexure No.1) in Criminal Case No.277/2019, State v. Sudhir, arising out of Case Crime No.720/2019, under Section 376 I.P.C. & 3/4 the Protection of Children From Sexual Offences Act, Police Station Vijay Nagar, District Ghaziabad.

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The instant application has been filed assailing the order dated 14.06.2024 whereby the applicant's application under Section 311 Cr.P.C. has been dismissed by the trial Court.

¶9

While allowing the recall of PW-3, Dr. Sushma Bharti and PW-5 Sub Inspector Preeti Garg, Investigating Officer with the finding that the first recall application was dismissed by

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the trial court vide order dated 05.04.2023, wherein it is recorded that the applicant was granted four opportunities to cross-examine the witness, i.e., 16.11.2022, 30.11.2022, 07.02.2023 and 23.02.2023.

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Learned A.G.A. invited the attention of the Court to Section 33(5) of the POCSO Act, wherein it is stated that a child cannot be allowed to repeatedly calling the trial court to depose evidence.

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In the light of the order passed by the trial court vide order dated 05.04.2023 passed by the trial court, the petition is dismissed .

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Order Date :- 26.5.2025 A.N. Mishra

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

Sudhir v. State of Up and 2 Others

Case brief

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Sudhir v. State of Up and 2 Others

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