Dismissed¶¶16

Ankur Singh Alias Kaptan v. State of Up and 3 Others

Allahabad HC16 Oct 2025NA528/32329/2025

Case brief

AI extract

What is this about?

Section 528 BNSS; quashing of proceedings; summoning order dated 10.04.2024; Session Case No.2380 of 2023; Criminal Misc. No.749 of 2023; Sections 376/506 IPC; Sections 3/4 POCSO Act; Section 67 IT Act; minor victim; rape; video recorded; photographs sent to prospective in-laws; marriage not finalized; prosecution cannot be stalled; delay plea rejected; Police Station Reuna; Kanpur Dehat; Special Judge POCSO; Ankur Singh alias Kaptan; Chansi alias Anuska; Allahabad High Court; Vikram D. Chauhan.

What did the court decide?

In the present case it is not in dispute that the victim is minor; the victim stated in her statement that she was raped by the applicant and a video was also recorded. ¶¶12

Ankur Singh Alias Kaptan Vs State of Up and… — Child Sexual Offences (POCSO) | Allahabad HC (2025)

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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APPLICATION U/S 528 BNSS No. - 32329 of 2025

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Ankur Singh Alias Kaptan

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.....Applicant(s)

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Versus

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State Of Up And 3 Others	.....Opposite Party(s)
Counsel for Applicant(s)	: Sanjay Srivastava
Counsel for Opposite Party(s)	: G.A.

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Court No. - 76

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HON'BLE VIKRAM D. CHAUHAN, J.

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Heard learned counsel for the applicant and learned AGA for the State.

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This application has been filed by applicant for quashing the entire proceedings including summoning order dated 10.04.2024 in Session Case No.2380 of 2023 arising out of Criminal Misc. No.749 of 2023, under Sections 376/506 I.P.C. and under Section 3/4 POCSO Act and Section 67 I.T. Act, Police Station Reuna, District Kanpur Dehat (Chansi alias Anuska Versus Ankur alias Kaptan and others), pending in the Court of Additional District and Sessions Judge, Court No.13/Special Judge (POCSO Act), Kanpur Dehat.

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It is submitted by learned counsel for the applicant that as per the complaint it is alleged that applicant use to abuse and misbehaved with the victim and on 10.8.2020 applicant has raped the victim and thereafter on 21.10.2023 the accused person have administered insecticide to the victim. The victim in her statement has supported the prosecution case. The trial court has not accepted the version of the incident of 21.10.2023. Learned counsel for the applicant further submits that the incident of 10.8.2020 was three years back and as a result of the same the application is delayed.

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It is to be seen that in the present case it is not in dispute that victim is minor. The victim has stated in her statement that she was raped by the applicant and video was also recorded. It is also stated by the victim that when the marriage of the victim was fixed, the applicant use to send the

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NA528 No. 32329 of 2025

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photographs and the video to the prospective in-laws and as a result of the same marriage could not be finalized. It is to be seen that once the victim in her statement before the court concerned has accepted the factum of rape then the prosecution cannot be stalled at this stage.

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