Devnarayan and 4 Others Vs State of U.P. and… — Child Sexual Offences (POCSO) | Allahabad HC (2025)

Devnarayan and 4 Others Vs State of U.P. and… — Child Sexual Offences (POCSO) | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Application finally disposed of: quashing prayer refused; applicants granted liberty to surrender within three weeks and apply for bail, with the bail application to be decided expeditiously per Satender Kumar Antil (2022 SCC OnLine SC 825); no coercive action against applicants for three weeks.

Issue for consideration

Whether the chargesheet dated 05.07.2024, the cognizance/summoning order dated 21.06.2025 and the entire proceedings of S.T. No.770 of 2025 arising out of Case Crime No.131 of 2024 ought to be quashed under Section 528 BNSS.

Court's answer

On perusal of the narration of FIR, the impugned order and the chargesheet, the Court did not find this to be a case requiring interference; no ground was available in the application on the basis of which the impugned order, charge-sheet and entire criminal proceedings could be set aside.

Ratio / Principle

The prayer sought through the instant application (quashing of chargesheet, cognizance/summoning order and proceedings) was refused.

Key takeaways

Liberty was granted to the applicants to surrender before the court concerned within three weeks and apply for bail; their bail application shall be considered and decided expeditiously in accordance with the law laid down in Satender Kumar Antil v. Central Bureau of Investigation and another (2022 SCC OnLine SC 825).ratio¶16
Till three weeks from the date of the order, no coercive action shall be taken against the applicants in pursuance of the aforesaid case.ratio¶17

Detailed headnote1 paragraphs

Allahabad High Court (Saurabh Srivastava, J., September 11, 2025) disposed of an application under Section 528 BNSS seeking quashing of the chargesheet dated 05.07.2024, the cognizance/summoning order dated 21.06.2025 and the entire proceedings of S.T. No.770 of 2025 (State Vs. Devnarayan and others), arising out of Case Crime No.131 of 2024, P.S. Ramkola, District Kushinagar, under sections 147, 323, 504, 506, 354, 354(kha) IPC and sections 9/10 of the POCSO Act against applicant nos.1, 3 & 4, and under sections 147, 323, 504, 506, 354 IPC against applicant nos.2 & 5, pending before the learned Special Judge (POCSO Act), Kushinagar at Padrauna. Perusing the FIR narration, the impugned order and the chargesheet, the Court held that no ground for interference was made out and refused the quashing prayer. The application was finally disposed of with liberty to the applicants to surrender within three weeks and apply for bail, directing expeditious consideration of the bail application in accordance with the law laid down in Satender Kumar Antil Vs. Central Bureau of Investigation and another (2022 SCC OnLine SC 825), and clarifying that no coercive action shall be taken against the applicants for three weeks.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 34755 of 2025

Devnarayan And 4 Others

.....Applicant(s)

	Versus
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s) Counsel for Opposite Party(s)	: Chandra Prakash Misra, Prakash Sharma : G.A.

Court No. - 77

HON'BLE SAURABH SRIVASTAVA, J.

Heard learned counsel for applicants and learned A.G.A. appearing for the State.

The present application has been filed for seeking quashing of chargesheet dated 05.07.2024 along with cognizance/summoning order dated 21.06.2025 and the entire proceeding of S.T. No.770 of 2025 (State Vs. Devnarayan and others), arising out of Case Crime No.131 of 2024, under sections 147, 323, 504, 506, 354, 354(kha) IPC and sections 9/10 of POCSO Act against applicant nos.1, 3 & 4 and under sections 147, 323, 504, 506, 354 IPC against applicant nos.2 & 5, P.S. Ramkola, District- Kushinagar, pending in the court of learned Special Judge (POCSO Act), Kushinagar at Padrauna.

On perusal of the narration of FIR as well as impugned order and chargesheet, this Court does not find it to be a case where interference of this Court is required. No such ground appears to be available in the present application, on the basis of which, impugned order along with charge-sheet and entire criminal proceedings of the said case, can be set aside.

Accordingly, the prayer sought through the instant application, is refused.

Lastly, learned counsel for applicants submitted that liberty may be granted to applicants to surrender before the court concerned and apply for bail to which learned AGA has no objection.

In view of the aforesaid, the instant application is finally disposed of with a direction to the court concerned that in case, the applicants surrender

NA528 No. 34755 of 2025

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before the court concerned within a period of three weeks from today and apply for bail, their bail application shall be considered and decided expeditiously in accordance with law laid down in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another (2022 SCC OnLine SC 825) .

However, it is made clear that till three weeks from today, no coercive action shall be taken against applicants herein in pursuance of aforesaid case.

September 11, 2025 Saif

(Saurabh Srivastava,J.)

Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad