Dismissed¶16

Smt. Usha v. State of U.P. and 2 Others

Allahabad HC24 Sept 2025NA528/29568/2025

Case brief

AI extract

What is this about?

Usha v. State of U.P.; Allahabad High Court; Application U/S 528 BNSS No. 29568 of 2025; dismissed 25.09.2025; Jitendra Kumar Sinha; Section 528 BNSS inherent jurisdiction; Section 216 Cr.P.C. alteration of charge; Section 164 Cr.P.C. victim statement; disposal versus rejection of charge-alteration application; Special Session Judge (POCSO Act) Muzaffar Nagar; Session Trial No.1087 of 2020; Sukhmendar @ Kala; Sections 376, 511 IPC; Section 7/8 POCSO Act; Police Station Bhopa; liberty to raise grievance at proper stage.

What did the court decide?

The application under Section 528 BNSS lacks merit and deserves to be dismissed. ¶15

Smt. Usha Vs State of U.P. and 2 Others — Child Sexual Offences (POCSO) | Allahabad HC (2025)

¶1

HIGH COURT OF JUDICATURE AT ALLAHABAD

¶2

APPLICATION U/S 528 BNSS No. - 29568 of 2025

Smt. Usha

.....Applicant(s)

Versus

State Of U.P. And 2 Others

¶7

.....Opposite Party(s)

¶8

Counsel for Applicant(s)	: Mohammad Faisal Khan
Counsel for Opposite Party(s)	: G.A.

¶9

Court No. - 89

¶10

HON'BLE JITENDRA KUMAR SINHA, J.

¶11

Heard Shri Mohammad Faisal Khan, learned counsel for the applicant and Shri B.P. Maurya, learned AGA for the State.

¶12

The present application u/s 528 of BNSS has been filed with prayer to set aside the judgement and order dated 27.05.2025 passed by the Special Session Judge (POCSO Act), Muzaffar Nagar, in Session Trial No.1087 of 2020 (State of U.P. Vs. Sukhmendar @ Kala and another), under Sections 376, 511 IPC and Section 7/8 POCSO Act, Police Station Bhopa, District Muzaffar Nagar.

¶13

It is contended by learned counsel for the applicant that an application was filed before the learned trial Court under section 216 Cr.P.C. for alteration of charge in view of the statement of the victim under Section 164 Cr.P.C. The trial Court disposed of the application stating therein that the application for alteration of charge shall be considered after examination of all the witnesses.

¶14

On the other hand, learned AGA submits that the application under Section 216 Cr.P.C. has not been rejected and has simply been disposed of, against which, no application is maintainable before this Court.

¶15