Atul Vs State of U.P. and Another — Child Sexual Offences (POCSO) | Allahabad HC (2025)

Atul Vs State of U.P. and Another — Child Sexual Offences (POCSO) | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Prayer for quashing declined (para 13). However, in the interest of justice: (i) if the applicant moves a discharge application at the appropriate stage through counsel within 30 days, the trial court shall dispose of it by a reasoned and speaking order in accordance with law within two weeks thereafter (para 16); and (ii) for a period of 30 days or till the disposal of the discharge application, whichever is earlier, no coercive measures shall be taken against the applicant (para 17).

Issue for consideration

Whether the entire proceedings of Sessions Trial No. 940 of 2025 arising out of Case Crime No. 142 of 2025 (Sections 115(2), 351(3) B.N.S.), along with the charge sheet dated 13.04.2025 and the cognizance order dated 08.05.2025, should be quashed in respect of the applicant. +1 more

Court's answer

The power to quash may be exercised only in cases where the Court finds failure of justice or abuse of procedure, so as to prevent abuse of process and secure the ends of justice.

Ratio / Principle

On the material on record and the facts of the case, at this stage it cannot be said that no offence is made out against the applicant; the submissions made at the bar relate to disputed questions of fact, which cannot be adjudicated upon by this Court in a quashing application.

Detailed headnote1 paragraphs

HIGH COURT OF JUDICATURE AT ALLAHABAD (Nand Prabha Shukla, J.), Application U/S 528 BNSS No. 32999 of 2025, Atul v. State of U.P. and Another, decided September 10, 2025: Application to quash the entire proceedings of Sessions Trial No. 940 of 2025 (State Vs. Shubham and others) arising out of Case Crime No. 142 of 2025, under Sections 115(2), 351(3) of B.N.S., Police Station-Garhmukteshwar, District-Hapur, as well as the charge sheet dated 13.04.2025 and cognizance order dated 08.05.2025 pending before the Additional District and Sessions Judge/Special Judge, POCSO Act, declined. On the material on record it cannot be said that no offence is made out against the applicant; submissions alleging false implication and silence of the victim's Section 183 BNSS statement as to the applicant's name raise disputed questions of fact which cannot be adjudicated by this Court; the Section 528 BNSS power is reserved for cases of failure of justice or abuse of procedure. Application disposed of with directions that a discharge application moved through counsel within 30 days be disposed of by the trial court by a reasoned and speaking order within two weeks thereafter, and that no coercive measures be taken against the applicant for 30 days or till disposal of the discharge application, whichever is earlier.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 32999 of 2025

Atul

.....Applicant(s)

Versus

State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s)	: Rakesh Tripathi I
Counsel for Opposite Party(s)	: G.A.

Court No. - 78

HON'BLE NAND PRABHA SHUKLA, J.

Heard Sri Parth Chaubey, holding brief of Sri Rakesh Tripathi, learned counsel for the applicant, learned A.G.A. for the State and perused the record.

This application under Section 528 BNSS has been filed to quash the entire proceedings of Sessions Trial No. 940 of 2025 (State Vs. Shubham and others) arising out of Case Crime No. 142 of 2025, under Sections 115(2), 351(3) of B.N.S. at Police Station-Garhmukteshwar, District-Hapur as well as charge sheet dated 13.04.2025 and cognizance order dated 08.05.2025 pending before Additional District and Sessions Judge/Special Judge, POCSO Act, District-Hapur.

It has been submitted by learned counsel for the applicant that the applicant had no role to play and has been falsely implicated. In the statement of the victim recorded under Section 183 of the BNSS, the victim had not disclosed the name of the applicant.

From the perusal of the material on record and looking into the facts of the case, at this stage, it cannot be said that no offence is made out against the applicant. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court. Only in cases where the Court finds that there has been failure of justice or abuse of procedure, this power may be exercised to prevent the abuse of process to secure the ends of justice.

Accordingly, prayer for quashing is declined.

NA528 No. 32999 of 2025

2

However, in the interest of justice, it is provided that in case the applicant moves an application for discharge at an appropriate stage through counsel within 30 days, the same shall be disposed of by the Trial Court by a reasoned and speaking order in accordance with law within two weeks thereafter.

For a period of 30 days or till the disposal of the discharge application, whichever is earlier, no coercive measures shall be taken against the applicant in the aforesaid case.

With the aforesaid direction, this application is disposed of .

September 10, 2025 Shivani

(Nand Prabha Shukla,J.)

Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad