Disposed

Pappu Alias Arvind Kumar Gupta v. State of U.P. and 3 Others

Allahabad HC10 Nov 2025NA528/43692/2025

Case brief

AI extract

What is this about?

Application under Section 528 BNSS by an accused in a minor victim sexual assault case alleging the charge omitted penetrative sexual assault allegations. The Court directed the accused to move an application for alteration of charge before the trial court, to be decided expeditiously and first.

What did the court decide?

Applicant permitted to seek alteration of charge before trial court; trial court to decide expeditiously and on priority.

Pappu Alias Arvind Kumar Gupta vs State of… — Child Sexual Offences (POCSO) | Allahabad HC (2025)

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 43692 of 2025

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Pappu Alias Arvind Kumar Gupta		.....Applicant(s)
Versus
State Of U.P. And 3 Others		.....Opposite Party(s)
Counsel for Applicant(s) :	Amit Daga,	Harish Kumar
Counsel for Opposite Party(s) :	G.A.

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Court No. - 81

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HON'BLE AVNISH SAXENA, J.

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Sri Amit Daga, learned senior counsel assisted by Sri Harish Kumar, Advocate, appears for the applicant and submits that the accused-applicant has been falsely implicated by the father of the victim (minor). He has further drawn attention of this Court towards statement of the victim recorded under Section 183 B.N.S.S. and submits that the charge has been framed against the accused-applicant (languishing in jail) has not been framed in right perspective, as the allegation of penetrative sexual assault is neither averred in the F.I.R. nor in the statement recorded under Section 183 B.N.S.S. Hence, he seeks interference of this Court.

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Learned A.G.A. is present for State-opposite party no.1.

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Sri Piyush Kumar, learned counsel, holding the brief for Sri Hemant Kumar, Advocate hands up the Vakalatnama on behalf of behalf of opposite party no.2. The same is taken on record.

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This Court has taken into consideration the submissions made by learned senior counsel and the objections raised by other side and perused the record.

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The contention of learned senior counsel that the statement of the victim and material collected by the Investigating Officer requires re-look to frame the charge. The accused-applicant may

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NA528 No. 43692 of 2025

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move appropriate application for alteration of charge. The trial court may decide the same expeditiously as per law, which is to be decided first.

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The application moved by the applicant under Section 528 B.N.S.S. is disposed of, accordingly.

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November 10, 2025 MN/-

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(Avnish Saxena,J.)

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Digitally signed by :- MAHENDRA NATH High Court of Judicature at Allahabad

Pappu Alias Arvind Kumar Gupta v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Pappu Alias Arvind Kumar Gupta v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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